b) the extent to which it is already available in that medium and the extent to which steps are being or can be taken to remove or limit access to any other publication in that or any other medium. In short, the question whether material has, or is about to, become available to the public should be considered with reference to, inter alia, the medium and form in relation to which injunctive relief is sought. 35. In the light of the above, I consider that the Court of Appeal focused too narrowly on the disclosures already made on the internet, and did not give due weight to the qualitative difference in intrusiveness and distress likely to be involved in what is now proposed by way of unrestricted publication by the English media in hard copy as well as on their own internet sites. There is little doubt that there would be a media storm. It would involve not merely disclosure of names and generalised description of the nature of the sexual activities involved, but the most intimate details. This would be likely to add greatly and on a potentially enduring basis to the intrusiveness and distress felt by the appellant, his partner and, by way of increased media attention now and/or in the future, their children. The Court of Appeal did not do justice to this qualitative difference either when it said that the “wall-to-wall excoriation which the claimant fears has already been taking place for the last two weeks in the English press”, as a result of “numerous headlines such as ‘celebrity love cheat’ and ‘Gag couple alleged to have had a threesome’” (para 47(ii), or when it went on to refer to the likely impact of the proposed publication as “a further unwelcome intrusion”, increasing what is being suffered already, not “a shock revelation, as publication in January would have been” (para 47(iii)). 36. As to section 12(4)(b), this is of particular relevance in relation to the appellant’s and his partner’s children. The respondents subscribe to the Independent Press Standards Organisation (“IPSO”), whose Editors’ Code of Practice of January 2016 provides that “Everyone is entitled to respect for his or her private and family life” and that editors “will be expected to justify intrusions into any individual’s private life without consent” (clause 3(i) and (ii)). The Code notes that there can be exceptions in the public interest, emphasising however that “editors must demonstrate an exceptional public interest to over-ride the normally paramount interests of [children under 16])”. The last point echoes the thinking in article 3(1) of the United Nations Convention on the Rights of the Child (providing that “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration”) which has in turn informed the ECtHR’s and United Kingdom courts understanding of ECHR article 8: see eg ZH (Tanzania) v Secretary of State for the Home Department [2011] 2 AC 166, H v Lord Advocate 2012 SC (UKSC) 308, H (H) v Deputy Prosecutor of the Italian Republic (Genoa) [2013] 1 AC 338 and Zoumbas v Secretary of State for the Home Department [2013] 1 WLR 3690. Page 22