Judgment Approved by the court for handing down. Ali & Aslam v Channel 5 Broadcasting Ltd short interview was essentially enforced. And in any event, such “consent” could not be held to be retrospective in time. The Claimants were, of course, not at all wellknown and here the judge was obviously right to discount the First Claimant’s political role, such as it was, from consideration. The subject of the broadcast really did not bear on his political life, although that may be a relevant matter for quantum of damages. 87. Turning to the Axel Springer criteria, there is in our view no issue but that there is proper general public interest, not merely in the court processes surrounding debt, but the whole human story of debt, of benefits which are insufficient to meet rent, of eviction and the consequences on families. Further, it is hard to see how those matters of public interest could be illustrated in any documentary form without interfering with the privacy of those most affected. No doubt in some instances that could be achieved with the consent of those whose privacy is in question, but in this field as in others, can that be a sufficient answer? In any event, it seems to us clear that the public interest is broader than the detailed processes underpinning the work of the HCEAs. 88. In considering the method of obtaining the relevant information and its veracity, there is no question of a lack of good faith in this case. There was, of course, a selective editorial process. Subject to the moderate qualification as to the role of Mr Bohill, there is no real issue as to the veracity and accuracy of the information which was broadcast. The real complaint here is that it was not necessary to broadcast it. 89. As to the content, form and consequences of the publication, popular documentary television is an accepted form. Mr Brinkworth and those who were instrumental in the broadcast disavow any bias or skewed presentation. Clearly the narrative presented by the programme did contain the account of both sides to some degree. It was framed by the series of comments by Mr Bohill which, in their tone and content, favour the “narrative” of the landlord. However, common sense suggests that will normally be the view adopted by those enforcing execution. It was certainly left open to the viewers to reach their own conclusions as to which viewpoint, or combination of viewpoints, they accepted. Conclusions on Liability 90. The aspect of the judgment on liability about which we have some reservations is the treatment of the public interest issues. It could certainly be argued that the judge’s approach to the public interest issues arising in this case was too narrow. By emphasising the specific public interest in the process of eviction when carrying out the balancing exercise, it could be argued that he failed to place on the scales the other matters of public interest raised in the programme and, more broadly, in this series as a whole. It could also be argued that the judge made inadequate allowance for the exercise of editorial discretion, given the latitude afforded by case law to those who make television programmes of this kind. 91. Those are powerful arguments but, in the end, we have concluded that the crossappeal on liability should fail for the following principal reasons. 92. First, we are satisfied that the judge was fully aware of the legal principles set out in the case law, to which he made detailed reference in the course of his judgment. In

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