Mr Justice Mann really didn't like the coverage of the South Yorkshire Police raid on Sir Cliff's apartment in Sunningdale....
"The coldly stated facts of the content and form of the
broadcasts appear in the narrative set out in this judgment. That narrative does not
really do justice to the quality of the broadcasts. They were, as I have said, presented
with a significant degree of breathless sensationalism. The story was the main point in
the news - there was nothing wrong with that in itself, but it did lend a certain urgency
to the report. In some broadcasts it was accompanied by a ticker running across the
bottom of the screen emphasising the story and maintaining its presence throughout the
bulletin. Mr [Dan] Johnson, and in some broadcasts another journalist, were broadcasting
from outside the property. There was an attempt to lend drama to the broadcast by
showing cars entering the property, and the helicopter shots added more, somewhat
false, drama. In evidence there was an attempt by Mr [Gary] Smith to justify the use of the
helicopter as providing evidence as to what was going on inside, as if some form of
verification was necessary or appropriate. I find that that was a spurious justification.
The helicopter shots did not verify or evidence anything particularly useful or
controversial that needed evidencing. They were moving pictures of the property, of
seven or eight people in plain clothes walking to a building, the same people walking
back to their cars and fuzzy shots of two or three people in Sir Cliff’s flat. It may have
made for more entertaining and attention-grabbing journalism. It may be justifiable or
explicable on the footing that TV is a visual medium and pictures are part of what it
does. It did not, however, add any particularly useful information. Mr [Jonathan] Munro also
referred to the helicopter shots as being justifiable on the basis that it enabled the public
to see a police operation going on, in relation to which there was a genuine public
interest. That is more of a justification, but I still consider that the main purpose of
utilising the helicopter was to add sensationalism and emphasis to the scoop of which
the BBC was so proud. The BBC viewed this as a big story, and presented it in a big
way. This was also manifested in other aspects of the coverage - the coverage from
Portugal, pointless though it turned out to be, lent an urgency to the presentation of the
story.
"In short, and insofar as it is relevant under this head, the BBC went in for an invasion
of Sir Cliff’s privacy rights in a big way."
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