Media: Assessing the Public Interest in Cases Affecting the Media
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance provides a framework for prosecutors when considering cases that affect the media, balancing the freedom of expression and the public interest against the evidential requirements for prosecution. It outlines key principles to ensure consistent application of the law in cases involving journalists and their sources. Specific factors, including how freedom of expression is weighed against overall criminality, are detailed, assisting prosecutors in making informed decisions in sensitive cases.
Key points
- Prosecutors must adhere to the Code for Crown Prosecutors when determining whether to charge individuals.
- Freedom of expression and the right to receive information are protected under human rights law and must be considered in any prosecution.
- Cases affecting the media require additional specific principles beyond the general principles of prosecution.
- The public interest must be carefully weighed against the overall criminality of the conduct in question.
- No automatic prosecution occurs simply because evidential criteria are met; the public interest must also be served.
- Prosecutors must refer cases under these guidelines to the Special Crime & Counter Terrorism Division.
Public-interest factors
- Impact on freedom of expression
- Nature of the criminal offence
- Harm caused to victims
- Motivation behind the conduct
- Public interest served by the conduct
- Potential alternative lawful means to serve the same public interest
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.