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.
Editorial summary of reasoning attributed to Lord Diplock(not a verbatim quotation)
Subsequent Treatment
Applied in subsequent media contempt cases.
What To Do Next
Get Professional Help