The European Court of Human Rights (ECHR) has ruled in favour of BBC Scotland in a years-long legal case involving a journalist being excluded from a court hearing. The court found there had been a violation of Article 10, which covers freedom of expression and media freedom.
The case related to a hearing in August 2018 at Aberdeen Sheriff Court when BBC journalist Steven Duff was asked to leave the court. The hearing concerned an Aberdeenshire care home where residents had reportedly been mistreated. A legal representative for the care home had requested that the hearing take place in a closed court, which was granted by the sheriff.
Court ruling on media exclusion
The ECHR said there must be a “compelling reason” to exclude journalists from court hearings. The court’s ruling said: “The special status of journalists and the press and the importance of access to court proceedings for journalists is recognised by the common law. The exclusion of the media from court proceedings should occur in the ‘rarest of circumstances'”.
The court noted that the government had “conceded that the sheriff’s order to close the court constituted an interference with the applicants’ freedom of expression”. In ECHR cases, the UK is considered to be the respondent and the government was represented by a Foreign Office legal agent. Legal costs were awarded to the BBC.
Reactions to the decision
Rosalind McInnes, legal director at BBC Scotland, said: “This decision shows that the court cannot shut out journalists without hearing them in advance. This is BBC Scotland’s second victory in Strasbourg on open justice since 2010. Reporting the courts to the public remains hugely important to us as a public service broadcaster.”
A spokesperson for the Judicial Office for Scotland said: “We note the ruling from the European Court of Human Rights. This is an historic case and much has changed in the eight years since. The Scottish justice system has a longstanding commitment to open justice, ensuring that justice is not only done, but seen to be done. The media have an important role reporting on court and tribunal cases which is vital to ensuring public confidence in the justice system and the rule of law. Restrictions on the press to report on proceedings are rare, and only where the interests of justice demand or statute requires.”
A Scottish Government spokesperson said: “We note the judgment of the European Court of Human Rights, in relation to a judicial decision taken in court proceedings in 2018. The Scottish Government recognises the fundamental importance of open justice and freedom of expression. While judicial decision-making is a matter for the independent judiciary, we will consider the Strasbourg Court’s decision carefully together with the Scottish court authorities for any ongoing implications for court proceedings in Scotland.”
