R (Stephen Green) v City of Westminster Magistrates Court

Dec 07

[2007] EWHC 2785 (Admin) (Divisional Court)

Judicial Review brought by a Christian group of a Magistrate’s refusal to issue a summons for the private prosecution of the DG for blasphemy in transmitting “Jerry Springer - the Opera”. 

The Divisional Court held that the common law offence of blasphemy had been abolished by statute in respect of broadcast material and material performed in a theatre, and considered human rights arguments as to why blasphemy was incompatible with the Convention.

David Pannick QC and Javan Herberg acted for the Director-General of BBC; Naina Patel represented the show's producer, Jonathan Thoday.

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Lord Pannick QC, Javan Herberg QC, Naina Patel

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