What happens if an MP names suspended BBC presenter? Parliamentary privilege in BBC scandal explained

Speculation continues over the identity of the BBC presenter suspended on Sunday, 9 July, over allegations that they had paid a teenager for explicit photos.

The Sun broke the story that a mother claimed an unnamed presenter had paid her teenage child £35,000 for explicit photos. The mother alleged that the money was used to fund their crack cocaine addiction and that it had ruined their life.

Since announcing the suspension of one of its presenters on Sunday, the BBC has refused to name them, whilst conflicting claims within the family of the person who allegedly sent the photos have further confused the situation.

On Monday, Nicky Campbell, host of BBC Radio 5 Live said on air that he had been in contact with police after being wrongly identified as the presenter in question. Other presenters, including Gary Lineker, Rylan Clark, and Dan Walker, have also distanced themselves from the allegations.

Whilst social media has been awash with theories as to the identity of the presenter, they are yet to be publicly named, but that could change if an MP decides to mention them in parliament.

Could an MP name the suspended BBC presenter?

Yes, an MP could name the presenter suspended by the BBC last week, which would then allow the media to report it.

This is because MPs are protected by parliamentary privilege, and the media are protected in reporting on what is said in parliament by absolute privilege.

What is parliamentary privilege?

Parliamentary privilege grants certain legal immunity to members of the House of Commons and House of Lords to enable them to fulfil their public duties without external interference.

Parliamentary privilege is mostly associated with freedom of speech, and allows MPs to discuss some things in Parliament which members of the public or the media are prohibited from discussing. Members of Parliament are protected from being sued for slander only if the statement is made in the House of Commons or House of Lords.

One infamous case of parliamentary privilege being used to name someone that the media had until then been barred from naming is the 2011 case of  Liberal Democrat MP John Hemming naming footballer Ryan Giggs as the footballer who brought an injunction to prevent publication of allegations of an affair.

Once Hemming had used parliamentary privilege in this way, the media was then allowed to name Giggs as they were protected by qualified privilege. Qualified privilege allows the media to publish reports of what is said in parliament without fear of being sued for defamation, provided it is fair, accurate, published without malice and is subject to a right of reply.

Will an MP name the suspended BBC presenter?

Whilst an MP or member of the House of Lords could name the suspended BBC presenter in the Houses of Parliament, it’s not clear if any of them will. Hemming was met with strong criticism over his decision to name Giggs as some believed that he was acting in his own self interest to publicise himself.

As the facts of the case that led to the BBC presenter’s suspension are not entirely clear, MPs may believe that it would be reckless to name them. 

Work and Pensions Secretary Mel Stride, spoke on Sky News today (11) and warned MPs against using parliamentary privilege to name the presenter. Speaking to Kay Burley, he said "privilege... should be used sparingly".