Human rights court backs BBC Scotland on court access
Judges found Aberdeen Sheriff Court wrongly excluded a journalist from a hearing concerning an Aberdeenshire care home.
Incident → evidence → outcomeThe European Court of Human Rights (ECHR) has ruled that Aberdeen Sheriff Court breached media freedom rights by excluding a BBC journalist from a hearing in August 2018. The judgment supports BBC Scotland's position in a long-running legal dispute over court access.
Care home hearing exclusion
The case originated when BBC journalist Steven Duff was asked to leave a hearing concerning allegations of mistreatment at an Aberdeenshire care home. A legal representative for the care home had requested the hearing be conducted in private, a request that was granted by the sheriff.
Court's findings on media freedom
The ECHR determined that there had been a violation of Article 10 of the European Convention on Human Rights, which safeguards freedom of expression and media freedom. The court stated that excluding journalists from court proceedings requires a "compelling reason" and should only occur in the "rarest of circumstances".
The ruling acknowledged the significant role of the press in accessing court proceedings. The government had conceded that the sheriff's order to close the court did interfere with the applicants' freedom of expression, as reported by The Standard.
BBC Scotland was awarded legal costs. Rosalind McInnes, legal director at BBC Scotland, stated that the decision confirms courts cannot exclude journalists without prior hearing. She added that reporting on court proceedings remains a vital public service for the broadcaster.
Questions this report answers
01What was the European Court of Human Rights ruling?
The ECHR ruled in favour of BBC Scotland, finding that Aberdeen Sheriff Court wrongly excluded a journalist from a hearing. The court stated a compelling reason is needed to exclude media from such proceedings.
02Why was the BBC journalist excluded from court?
A BBC journalist was excluded from a hearing at Aberdeen Sheriff Court in August 2018 that concerned allegations of mistreatment at an Aberdeenshire care home. The exclusion was granted at the request of the care home's legal representative.
03What does this ruling mean for media access to courts?
The ruling reinforces that journalists have a right to access court proceedings and cannot be excluded without a compelling reason. This upholds the principle of open justice and the importance of media reporting on legal matters.
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