Attorney General v BBC [2022] EWHC 380 (QB): Attorney General’s application to hear case concerning programme about an MI5 agent in private refused

In a case which reinforces and is underpinned by the principle of open justice, the court has found that an interim hearing concerning the airing of a BBC programme about an MI5 agent who was allegedly “a dangerous extremist and misogynist” should be heard in public.

The BBC wants to broadcast a programme about an individual, “X”. The programme is to include the allegations that X is a dangerous extremist and misogynist who physically and psychologically abused two former female partners; that X is also a covert human intelligence source (variously referred to as a “CHIS” or an “agent”) for the Security Service (“MI5”); that X told one of these women that he worked for MI5 in order to terrorise and control her; and that MI5 should have known about X’s behaviour and realised that it was inappropriate to use him as a CHIS.”

The programme is to include the allegations that X is a dangerous extremist and misogynist who physically and psychologically abused two former female partners; that X is also a covert human intelligence source …; that X told one of these women that he worked for MI5 in order to terrorise and control her; and that MI5 should have known about X’s behaviour and realised that it was inappropriate to use him as a CHIS.”

See INFORRM for further details. The now made public judgment can be found on Bailli here.

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