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BBC heeds advice not to appeal Cliff Richard ruling

bbcThe BBC has decided not to appeal against the judgment in the Cliff Richard case and thus has halted the drain on legal fees funded by TV licence payers.

South Yorkshire police raided Sir Cliff's home in Berkshire in 2014 as part of an investigation into a historical sexual assault allegation.

The BBC named the veteran star and broadcast video live from a helicopter after it had received a tip-off.

The prosecution service failed to issue a single charge against the singer who then sued the BBC for a serious breach of his privacy as, by broadcasting the raid, the BBC guaranteed worldwide coverage and the attachment of doubt over the star’s unblemished reputation.

South Yorkshire police realised the error of their ways and made an out of court settlement but the BBC, largely funded by TV licence payers, decided to defend the case on the basis of its right to freedom of expression and argued that it was entitled to cover the Cliff Richard story ‘in the public interest.’

The singer won in court when the judge ruled Cliff Richard's privacy had been seriously infringed by the BBC which already has spent £1.5 million in legal fees and damages and faced more costs if it had pursued an appeal.

The cost to the public does not include payments under Sir Cliff's ‘special damages’ claim which covers losses sustained as a result of the BBC coverage, including a book deal that was scrapped and the cost the singer hiring specialist advice on dealing with the media.

On 26 July the BBC failed in an initial attempt to get permission to appeal from the trial judge, Mr Justice Mann.

This set back meant the BBC's only remaining option was an application for permission to go directly to the Court of Appeal but this would mean a review of the technicalities of the case, rather than any sort of retrial.

The BBC's now says that it has been advised by its legal counsel that the chances of a successful appeal "are not promising," so will push for Parliament to legislate on what the BBC describes as, "a fundamental principle of press freedom" and wants a review of the law on naming people in police investigations.

The BBC said that it would not pursue a challenge at the Court of Appeal, despite saying it believes the judgment “represents a dramatic shift against press freedom”.

 

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