The attorney general is applying for an injunction to stop the BBC broadcasting a story raising ‘national security’ concerns, the High Court heard today.
Suella Braverman has applied for ‘injunctive relief to restrain the publication and broadcast of a news story’, Mr Justice Chamberlain said. He added: ‘This is a breach of confidence case where there is a dispute between the parties as to whether or not certain information can be published.’
The judge also said the case concerned whether there were ‘obligations of confidence’ attaching to the information, which would mean it ‘cannot and must not be published’.
The court heard that the BBC does not accept the information is confidential and that the broadcaster considers the proposed story is in the public interest.
Part of the hearing was conducted in private after Oliver Sanders QC, for the attorney general, said he was unable to make submissions on a report about the case published by the Telegraph newspaper ‘without trespassing into the territory that we say is confidential’.
On Saturday, the Telegraph claimed the attorney general is trying to prevent the BBC from allegedly identifying a spy working overseas, with a source telling the newspaper: ‘It is really serious – there are serious risks. The programme would be a massive compromise for our security.’
When the hearing resumed in open court, Chamberlain said there had been a discussion about ‘reporting of the case over the weekend’, and that the attorney general has ‘indicated that a further witness statement will be produced to the court about that matter’. ‘That is all I can say at the moment,’ he added.
The court heard that the attorney general may make an application for a closed material procedure under the Justice and Security Act 2013. If such an application was granted, the attorney general could rely on evidence without having to disclose it to the BBC, which would be represented by special advocates.
Chamberlain also directed that the attorney general should provide redacted copies of the claim form and application notice to members of the press and public.
The attorney general’s application will be heard on 1 and 2 March.
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