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UK Law Reference
All Cases
Media & Entertainment Law
House of Lords
1981
England & Wales

Attorney General v BBC

[1981] AC 303

Independent editorial summary — not the official judgment. Read the full judgment via the source link.

Ratio Decidendi

The Contempt of Court Act 1981 strict liability rule applies only to publications creating a substantial risk of serious prejudice to active proceedings. A mere incidental risk is insufficient.

Facts

The BBC planned to broadcast a programme about a former member of the Provisional IRA while criminal proceedings were pending against other defendants.

Judgment Summary

The House of Lords held that the proposed broadcast did not create a substantial risk of serious prejudice to the pending proceedings and therefore did not constitute contempt.

Key Quotes

"The risk must be substantial and the prejudice must be serious."

Lord Diplock

Subsequent Treatment

Applied

Applied in subsequent media contempt cases.