MI5 could still face contempt of court proceedings following revelations that the intelligence agency provided incorrect evidence in a bid to secure an c against the BBC, High Court judges have confirmed.
The potential legal action remains contingent on the outcome of an ongoing investigation.
In 2022, then-attorney general Suella Braverman went to the High Court to stop the broadcaster airing a programme that would name a man who has allegedly abused two women and is a covert human intelligence source.
An injunction was subsequently granted in April 2022, prohibiting the BBC from disclosing information that would identify "X". However, Mr Justice Chamberlain ruled that the corporation could still broadcast the programme and its key issues, provided the man remained unnamed.
Earlier this year, the London court was informed that a portion of the written evidence submitted by MI5 in support of their injunction application was false.
Lawyers for the BBC told the court the “low threshold” for launching contempt proceedings against MI5 and a number of individuals, for not being fully transparent with the court, had been met.
In a decision on Wednesday, the Lady Chief Justice Baroness Carr said that a further investigation should be carried out and that it would be “premature to reach any conclusions on whether to initiate contempt proceedings against any individual”.
The senior judge said that the new investigation should be carried out on behalf of the Investigatory Powers Commissioner.
Baroness Carr, sitting with Dame Victoria Sharp and Mr Justice Chamberlain, also said: “The investigations carried out by MI5 to date suffer from serious procedural deficiencies.
“Their conclusions cannot presently be relied on.”
Following the ruling, MI5 director-general Sir Ken McCallum said: “I wish to repeat my full and unreserved apology for the errors made in these proceedings.
“We take our duty to provide truthful, accurate and complete information with the utmost seriousness.
“Resolving this matter to the court’s satisfaction is of the highest priority for MI5 and we are committed to co-operating fully with the Investigatory Powers Commissioner’s Office and the court.”
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