Judgment Approved by the court for handing down. Ali & Aslam v Channel 5 Broadcasting Ltd complain. The justification relied upon by Channel 5 for interfering with the Claimants' Article 8 rights is that the Programme contributed to a debate of general interest. As I have explained, I accept that the Programme did contribute to a debate of general interest, but I consider the inclusion of the Claimants' private information went beyond what was justified for that purpose. The focus of the Programme was not upon the matters of public interest, but upon the drama of the conflict between Omar Ahmed and the Claimants, a conflict which had been encouraged by Mr Bohill to make "good television". Although I have not concluded that the Programme was materially unfair or inaccurate in its presentation of what happened, that does not assist Channel 5. The justification relied upon by the Claimants for restricting Channel 5's Article 10 rights is their right to respect for their private and family life and their home. Notwithstanding the importance of freedom of expression, I consider that the restriction is justified and proportionate in the circumstances of this case. Accordingly, in my judgment the balance comes down in favour of protecting the Claimants' Article 8 rights.” 66. We address the question of damages later in this judgment. The Cross-Appeal 67. In opening the cross-appeal for the Defendant, Mr White began with concessions. He does not challenge the finding that the Claimants had a reasonable expectation of privacy in the information complained of. Further, Mr White accepts the principle that the trial judge’s conclusion in relation to the balancing exercise between the Claimants’ privacy rights under Article 8 and the Defendant’s Article 10 rights is to be treated as analogous to the exercise of the judicial discretion. As the matter was put in the judgment of the court in Lord Browne v Associated Newspapers Ltd [2008] QB 103 at paragraph 45: “45. The approach which should be adopted on an appeal of this kind is not, we think, in dispute. Although the exercise upon which the judge was engaged was not the exercise of a discretion it was similar in that it involved carrying out a balancing exercise upon which different judges could properly reach different conclusions. In these circumstances it is now well settled that an appellate court should not interfere unless the judge has erred in principle or reached a conclusion which was plainly wrong or, put another way, was outside the ambit of conclusions which a judge could reasonably reach.” 68. However, the Defendant says that in carrying out the balancing exercise, the judge did go beyond what was justified and made an error of law. The Grounds of Appeal are expressed discursively. At the core of Ground 1 is the proposition that in concluding the “focus” of the programme was not on the matters of public interest but on the drama of the conflict between Omar Ahmed and the Claimants, the judge went

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