Judgment Approved by the court for handing down.
Ali & Aslam v Channel 5 Broadcasting Ltd
see if it should be included in the series. A rough-cut of the
programme would be assembled by the editing team, and sent
to BFL’s in-house lawyer Jan Tomalin for review. Mr
Brinkworth would view the rough-cut and consider Ms
Tomalin’s advice. After any changes requested by Mr
Brinkworth had been made, a second rough-cut would be sent
to Mr Raikes and Channel 5’s Director of Content Legal
Advice, Stephen Collins, for their comments. After any
changes requested by them had been made, a fine-cut would be
prepared and then reviewed by Mr Brinkworth, Ms Tomalin
and Mr Raikes.
65. Mr Brinkworth’s and Mr Raikes’ aim was to produce
programmes that were balanced and fair, and complied with
legal and regulatory requirements, and both believed that they
had done so in the case of the Programme.”
15.
Series 1 consisted of five programmes first broadcast between February and April
2014. Series 2 consisted of 10 programmes first broadcast between September and
November 2014, meaning that by then Mr Bohill had acquired a degree of experience
of being filmed and broadcast, and a degree of public recognition.
16.
The programme which included this eviction was first broadcast on 4 August 2015, as
part of Channel 5’s “Britain on Benefits” season, and was then re-broadcast as episode
12 of Series 3. In all, this programme has been broadcast on Channel 5’s main
channel, and on subsidiary channels (My5, 5STAR and 5 Spike) a total of 36 times,
with total viewers numbered 9.42m, in addition to 230,000 viewers on-line.
17.
On the day in question filming took place over about one and a half hours. The film
crew greeted Omar Ahmed outside the property. Mr Bohill had earlier commented to
his assistant Mr Short on the tension between the landlord and the tenants,
anticipating “some sparks”. The film contained that conversation, and then discussion
with the landlord, wherein he voiced his complaints about the tenants. Following
Bohill to the door the camera recorded him opening the door and entering. He then
opened an internal downstairs door to reveal:
“74. … Mr Ali came to the door of the room dressed in his
bedclothes (the upper half of which consisted of a T-shirt or
vest). It can be seen that he appears to be drowsy and
confused. Mr Bohill told Mr Ali "We're High Court
Enforcement Officers. We have an order to repossess this
property". Mr Bohill said nothing about the presence of the film
crew just behind him. Mr Ali asked Mr Bohill a couple of
times to give him a second and then said "Let me put my shirt
on". Mr Bohill agreed and told him to take his time. Mr Ali
then shut the door.”
18.
As Mr Ali got dressed, the filming recorded Mr Bohill’s further discussion with Mr
Ahmed, followed by Mr Short ascending the stairs as Mr Bohill advised him “Don’t
start World War III”.
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