The High Court has rejected the Christian Institute’s bid to bring a judicial review against the BBC for the broadcasting of the programme, Jerry Springer – The Opera. The Christian Institute, based in Newcastle, UK were outraged at the channel’s decision to air the highly controversial programme as it contained many Biblical references in its performance.
After the BBC refused to apologise for the broadcast, the Christian Institute vowed to commence legal action, and the BBC were issued with legal papers during early March 2005.
Judicial Review was applied for as the BBC was accused of breaching its Royal Charter. The Christian organisation had hoped to succeed in bringing about a hearing to inspect exactly how the BBC was going about fulfilling its responsibilities.
However, the High Court has refused to grant permission for the proceedings, and has come as little surprise to the TV industry, which has now experienced a number of failed attempts by various people to overturn their decisions via judicial review.
The BBC’s director of television, Jana Bennett, said that the programme was a "difficult production" for some people, but was a "significant landmark in the BBC’s goal to maintain freedom of speech and editorial independence, reported the Guardian newspaper.
Bennett continued, "While we take any potential to offend the audience very seriously, we believe that it is the BBC's right and duty to remain a public space in which the widest range of ideas and creativity can be shared by the public.
"We are pleased that Ofcom, the Governors' Programme Complaint Commission (GPCC) and now the laws of this country have recognised that the BBC has an important role to play in the freedom of artistic expression."
The Royal Charter given to the BBC states that the channel must not broadcast anything that "offends against good taste or decency" or is "offensive to public feeling."
Prior to the broadcast, 47,000 complaints were sent to the BBC. The show went on however, and attracted a 2 million audience, with 8,000 more complaints followed the airing. Religious groups as well as other viewers were offended by the hundreds of swear words in the showing, which featured characters acting the part of God, Jesus, Mary Magdalene, Adam and Eve as well as Satan. The show was also set in the backdrop of Hell.
