Ratio Decidendi
Information held by the BBC is not subject to the Freedom of Information Act 2000 if it is held for purposes of journalism, art, or literature. The BBC's 'derogation' under the Act is broadly construed to protect editorial independence.
Fakty
Mr Sugar requested disclosure of an internal BBC report (the Balen Report) reviewing the BBC's coverage of Middle Eastern affairs. The BBC refused, relying on the journalism derogation.
Podsumowanie orzeczenia
The Supreme Court held that the BBC was entitled to refuse disclosure. Information held for the dominant purpose of journalism, art, or literature falls outside the scope of the FOI Act, even if it also serves other purposes.
Kluczowe cytaty
"The derogation must be construed in a way which protects the BBC's editorial independence."
— Lord Phillips
Późniejsze zastosowanie
Leading authority on the scope of the BBC's FOI derogation.