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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