The Crown Prosecution Service has issued a press release today saying it has decided that Ray Gosling should be prosecuted for wasting police time under section 5(2) of the Criminal Law Act 1967, following his Inside Out broadcast on 15 February. Obviously I don’t know exactly what Ray Gosling told the police when he was called in for questioning earlier this year. But based on what we do know, I’m troubled by the decision – which I think is against the public interest.

The timing is interesting: Nottinghamshire Police presumably laid the information at Nottingham Magistrates’ Court over a week ago, just in time to prosecute within the time limit imposed by section 127 of the Magistrates Courts Act 1980 (although it’s worth mentioning we can’t be sure that the prosecution is based on the broadcast itself, or on what Gosling said to the police after his arrest on the 17 February).

More important is the substance. Ray Gosling did not go to the police: they came to arrest him, a decision that was questionable in itself. Even if what he did amounted to

knowingly making to any person a false report tending to show that an offence has been committed

in the words of section 5(2), it’s less obvious that he caused wasteful employment of the police. You might argue they caused the waste of their own, and Gosling’s, time. Did anyone call for a murder investigation?

In any event, it’s not clear that any public interest factor here tends to favour prosecution under the CPS’s own guidance, except the amount of time the police spent on their investigation – which is surely not Ray Gosling’s responsibility given that he didn’t seek their involvement in the first place.

Most critically of all, it seems to me this decision fails to give due weight to freedom of expression. Ray Gosling’s Inside Out broadcast was a serious, personal and emotional contribution to a current debate about euthanasia. It was in a wholly different category from a malicious complaint to the police, and deserves much higher protection under the article 10 Convention right. How the CPS, and the DPP himself who had to consent, can have concluded that the balance of public interest favoured prosecution – and the consequent chilling effect that decision has on confessional memoirs in writing and broadcasting – I don’t know. The interference with Gosling’s and the BBC’s free speech can only be justified in the interests of preventing crime, but it is clearly disproportionate to that aim.

Anyone troubled by the less serious limits that privacy law has put on tabloid sexposés should be much more concerned about this real free speech issue.