Judgment Approved by the court for handing down.
52.
Ali & Aslam v Channel 5 Broadcasting Ltd
Having concluded that the Claimant’s privacy rights were engaged, the judge
proceeded to consider the balance between those rights and the Defendant’s right to
freedom of expression under Article 10 of the Convention. He adopted the approach:
“180. … stated by Lord Steyn in Re S (A Child) [2004] UKHL
47; [2005] 1 AC 539 at [17]:
"First, neither article (8 or 10) has as such precedence over the
other. Secondly, where the values under the two articles are in
conflict, an intense focus on the comparative importance of the
specific rights being claimed in the individual case is necessary.
Thirdly, the justifications for interfering with or restricting each
right must be taken into account. Finally, the proportionality
test must be applied to each. For convenience I will call this the
ultimate balancing test."”
53.
In paragraphs 181 to 183, the judge reminded himself of the authority establishing the
importance of freedom of expression within the Convention by reference to Axel
Springer v Germany (2012) 32 BHRC 493, [2012] EMLR 15 where the court
emphasised that it is not “for the court … to substitute its own views for those of the
press as to what techniques should be adopted”. The judge further reminded himself
of the remark of Lord Hoffmann in Campbell at paragraph 59: "judges are not
newspaper editors”. He quoted Lord Hope’s remark in paragraph 25 of In Re British
Broadcasting Corporation [2009] UKHL 34, [2010] 1 AC 145 to the effect that
judges: “are not broadcasting editors either". The judge quoted the remark in the
judgment of Baroness Hale and Lord Toulson in O v Rhodes [2015] UKSC 32, [2016]
AC 219 at paragraph 78:
"A right to convey information to the public carries with it a
right to choose the language in which it is expressed in order to
convey the information most effectively … "
54.
As to the question of the identification of the Claimants, the judge reminded himself
of the well-known passage from the judgment of Lord Rodger of Earlsferry in In Re
Guardian News and Media [2010] UKSC 1, [2010] 2 AC 697 at paragraph 63
emphasising the importance to the press and other media of naming individuals to
focus the attention of the reader or watcher.
55.
Having reminded himself of the relevant authorities and principles, the judge
proceeded to make his assessment as to the public interest.
56.
The judge began by observing that, although the question of public interest must be
objectively assessed by the court, he would accord some weight to the genuinely held
views of the programme-maker and broadcaster, that the programme was in the public
interest (paragraph 184). He recorded the submission on behalf of the Defendant to
the effect that the programme addressed a number of matters of real public interest:
levels of personal debt; rent arrears of tenants; dependence of tenants on benefits; the
effect of the enforcement of Writs of Possession by HCEAs; and the consequences for
landlords and tenants. It was contended that the Defendant was justified in illustrating
those issues by reference to real people and real situations (paragraph 185). The
Claimants accepted there was a public interest in broadcasting information concerning
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