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BBC Scotland wins eight-year legal challenge at ECHR over reporter's exclusion from court
Overview
BBC Scotland journalist Steven Duff has won a ruling at the European Court of Human Rights (ECHR) after being excluded from an Aberdeen Sheriff Court hearing in August 2018. Duff had been investigating Muirhead Care Home, which faced closure following reports of mistreatment of residents. The ECHR ruled that excluding the public and media from hearings requires a compelling reason and reaffirmed the principle of open justice, awarding costs to BBC Scotland.
Key points
- BBC Scotland won an eight-year legal challenge at the European Court of Human Rights (ECHR) regarding the exclusion of a reporter from court.
- Journalist Steven Duff was asked to leave Aberdeen Sheriff Court in August 2018 during a hearing concerning Muirhead Care Home.
- The care home was facing closure by the Care Inspectorate following reports that residents were tied to chairs and lacked sufficient food.
- The ECHR stated that excluding the public and media requires compelling reasons and that open justice should be the standard.
- The sheriff later noted she was unaware journalists were present, and the ECHR found it practically impossible for media to challenge the order at the time.
- BBC Scotland has been awarded costs following the judgment, marking its second victory in Strasbourg on open justice since 2010.