Lawyers ponder challenge to ruling preventing docu-drama from being broadcast ‘by any media until further order’.
Lawyers for the BBC are considering making a formal appeal against a court order that has banned the corporation from showing a dramatised film about the experiences of rioters who took part in last summer’s disorder.
The ruling from a judge prevented the docu-drama, which had been due to be broadcast on BBC2 at 9pm on Monday, from being broadcast “by any media until further order”.
The channel’s executives were forced to pull the film, which is based on the testimony of interviews conducted for the Guardian and London School of Economics research into the disorder.
A second BBC film in the two-part series, which is based on personal interviews with police officers and was scheduled for broadcast on Wednesday, is also banned under the order.
For legal reasons, the Guardian cannot name the judge who made the ruling, the court in which he is sitting or the case he is presiding over. However, it is understood that lawyers for the BBC strongly object to his ruling, the nature of which is believed to be highly unusual.
Hours before Monday’s programme was due to be aired, the BBC tried and failed to appeal the order over the telephone. The corporation’s lawyers are now working on legal arguments for a second potential appeal, which may be lodged tomorrow.
The programme, part of a two-part series, features actors who play anonymous rioters speaking about their experiences of the riots last August. The BBC said in a statement on Monday: “A court order has been made that has prevented the BBC from broadcasting the programme The Riots: In their own Words tonight. We will put it out at a later date.”
The script from the programme, written by the award-winning playwright Alecky Blythe, was produced from verbatim transcripts of interviews conducted as part of the Reading the Riots study, which conducted confidential interviews with 270 rioters.
The ban on the film has created a major headache for BBC executives, who are being forced to reorganise a packed schedule, which includes Olympic coverage and journalism based around next month’s anniversary of the riots.
The BBC did not give details about the nature or contents of the court order. However a copy seen by the Guardian states: “It is ordered that the BBC programme ‘The Riots: In their Own Words’ due for broadcast on BBC 2 tonight is not broadcast by any media by any means until further order.” Another part of the ruling states: “Further the clip currently available for viewing on the BBC website be removed forthwith.”
The clip referred to by the judge appeared on a blog posted last Friday, in which a BBC producer on the project said that using the “important and illuminating” interviews in the drama would provide insight into “why and how the riots had happened”. The clip, a short preview of the actors playing rioters speaking about their experiences, has now been removed from the site - although the blog remains.
Kirsty Hughes, chief executive of Index on Censorship, said: “This is a disturbing move. The Reading the Riots project gives a valuable insight into the events of last summer in England. As we approach the anniversary of the riots, it is important that broadcasts and discussion about the events are allowed to take place. Censoring television programmes is not in any way helpful to our understanding of the important issues and factors underlying the disturbances.”
Original source: The Guardian
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The ability of an anonymous judge in an anonymous court to step in and rule that this documentary cannot be shown is not just a further detriment to a generation of young people already ignored - to which this documentary gave a platform, but also highlights why grassroots meetings in our communities and nationally are increasingly important. Our national conference is on Sunday 14th October and will include speakers such as Darcus Howe, Fahim Alam [Acquitted after post-riot arrest], lawyers who have represented accused rioters, as well as families of those who have had family members killed in police custody - Marcia and Sam Rigg, Janet Alder and co-director of INQUEST - Deborah Coles. For more information on our national conference and to book your place (limited spaces) see here.
I am not surprised this has occurred, especially in view of how the Courts reacted to those charged with rioting last summer. But it doesn’t make it legal or democratic and I hope the BBC do everything in their power to challenge this anon Judge and his bias judgement! I just shows how scared this Government is when we see them manipulating the laws of OUR country by Censorship! If nothing is done to stop this sort of abuse of power, we may as well accept that we NOW live in a dictatorship.