The Aporia
Europe’s highest human rights court ruled in favor of BBC Scotland on October 13, 2026, after a years-long case involving a journalist excluded from a court hearing. In August 2018 at Aberdeen Sheriff Court, BBC journalist Steven Duff was asked to leave the courtroom when a legal representative for a care home requested that the proceedings be closed; the sheriff granted this request.
The European human rights court's decision highlighted that journalists have special status under common law and should not be barred from accessing court proceedings except in "the rarest of circumstances." The court also noted that the government had conceded that the sheriff’s order to close the court interfered with freedom of expression. As a result, legal costs were awarded to BBC Scotland.
Rosalind McInnes, legal director at BBC Scotland, stated that this ruling demonstrates courts cannot exclude journalists without prior hearing and marks their second victory in Strasbourg on open justice since 2010. She emphasized the importance of reporting court proceedings to the public.
Pooran, N. (2026, October 13). Human rights court rules in favour of BBC Scotland in court access case. Evening Standard. https://www.standard.co.uk/news/crime/european-court-of-human-rights-aberdeenshire-echr-judicial-office-foreign-office-b1300685.html
Pooran, Neil. “Human rights court rules in favour of BBC Scotland in court access case.” Evening Standard, 13 Oct. 2026, https://www.standard.co.uk/news/crime/european-court-of-human-rights-aberdeenshire-echr-judicial-office-foreign-office-b1300685.html.
Pooran, Neil. “Human rights court rules in favour of BBC Scotland in court access case.” Evening Standard, October 13, 2026. https://www.standard.co.uk/news/crime/european-court-of-human-rights-aberdeenshire-echr-judicial-office-foreign-office-b1300685.html.
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