Judgment Approved by the court for handing down.
80.
Ali & Aslam v Channel 5 Broadcasting Ltd
Later in his speech, Lord Hoffmann addressed the question of photographic images
and their impact for editorial purposes:
“77. No doubt it would have been possible for the Mirror to
have published the article without pictures. But that would in
my opinion again be to ignore the realities of this kind of
journalism as much as to expect precision of judgment about
the amount of circumstantial detail to be included in the text.
We value the freedom of the press but the press is a commercial
enterprise and can flourish only by selling newspapers. From a
journalistic point of view, photographs are an essential part of
the story. The picture carried the message, more strongly than
anything in the text alone, that the Mirror's story was true. So
the decision to publish the pictures was in my opinion within
the margin of editorial judgment and something for which
appropriate latitude should be allowed.”
81.
Lord Hope emphasised the importance of editorial discretion as follows:
“108. The freedom of the press to exercise its own judgment in
the presentation of journalistic material was emphasised in a
further passage in Jersild's case where the court said, at p 26,
para 31:
"At the same time, the methods of objective and balanced
reporting may vary considerably, depending among other
things on the media in question. It is not for this court, nor
for the national courts for that matter, to substitute their
own views for those of the press as to what technique of
reporting should be adopted by journalists. In this context
the court recalls that article 10 protects not only the
substance of the ideas and information expressed, but also
the form in which they are conveyed."
In Fressoz v France (2001) 31 EHRR 28, 60, para 54 the court
said that in essence article 10 leaves it for journalists to decide
whether or not it is necessary to reproduce material to ensure
credibility, adding:
"It protects journalists' rights to divulge information on
issues of general interest provided that they are acting in
good faith and on an accurate factual basis and provide
'reliable and precise' information in accordance with the
ethics of journalism."”
82.
Baroness Hale made similar observations as to the proper approach in paragraphs 143
and 156, as did Lord Carswell in paragraphs 168-170.
83.
The preponderance of authority from Campbell v MGN through to the considered and
careful approach taken by Mann J in Richards v BBC is to the effect that editorial
discretion cannot render lawful an interference with privacy which cannot logically or
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