Judgment Approved by the court for handing down.
Ali & Aslam v Channel 5 Broadcasting Ltd
concluded that the two postings made by the Ahmeds were relevant. Each is a short
clip of film. The first shot is inside the flat, with the First Claimant facing away from
the camera as he is fully dressed. The second is a further short clip as the First
Claimant emerges from the premises onto the pavement, showing the process of
filming by the Defendant’s film crew. The visual content of each of these clips is not
remarkable, save perhaps that the first shows the interior of the flat to be somewhat
disorderly. However, the main thrust of these clips is the running commentary by
Omar Ahmed, identifying the First Claimant as the UK spokesman of his political
party, but then repeatedly accusing him of being a liar, a conman, and having no
shame. In each clip the First Claimant is described as swearing falsely on the Quran.
In paragraph 20 above we have set out the dialogue from the 8:49 video.
99.
There was evidence before the judge as to the circulation and the impact of these
postings. It seems not to be in issue that the viewings of these postings were very
much more restricted than the broadcast programme. The clips were posted on social
media on 4 April 2015, and in cross-examination the First Claimant estimated that the
viewings might be a few dozens or a few hundred. It does not appear this estimate
was challenged.
100.
However, there was direct evidence of the impact of these postings on the Claimants.
This came in the form of a letter from Mrs Aslam to the Local Authority, but which
had been composed with input from Mr Ali. It is helpful to quote the relevant text
from that letter, as follows:
“5. On top of that they made video clips and at the time of
sudden high court order eviction, it was shocking for our family
they recorded videos with abusive, DIRTY, disrespectful
shouting commentary to defame my husband, my family his
social and political status calling him different horrible names
And displayed it on social media, circulated massively on Face
book, whatsup and newspapers. THIS CAUSED HUGE
DEPRESSION FOR MY HUSBAND AND ALL OF US we
found it very difficult to come out of this situation AND WE
WILL NOT BE ABLE TO GET OUT OF THIS. My husband
is a hard working honest man and we believe that with his hard
work very soon we will be able to return to normal Graceful
life.
Due to their unethical act my Husband’s Social and political
status disturbed internationally, His future Business plans stuck
and stopped at the moment. We are very upset with this act of
their WHEREAS you are thinking that we have been playing
deliberately. NO we are not, we/my Husband has no money
But earned Respect in society which due to this Situation
created by some his old friends and same background people
have destroyed only for a small amount of money and due to
the Part of different political parties. KINDLY DON’T
CONSIDER IT DELIBERATE HOMELESSNESS. They
become our enemy.”
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