Ali & Anor v Channel 5 Broadcast Ltd

The claimants had a reasonable expectation of privacy regarding the broadcasted eviction, did not give true or informed consent, and the inclusion of their private information in the programme was not justified by public interest or editorial discretion. The balance of Article 8 and Article 10 rights favoured the claimants. Damages were awarded for distress and misuse of private information.

Parties: Claimant: Shakir Ali; Claimant: Shahida Aslam; Defendant: Channel 5 Broadcast Limited
Jurisdiction: England and Wales
Judgment Date: 22 February 2018
Procedural Posture: Civil / Judgment
Outcome: Judgment for the claimants
Legal Topics: Misuse of Private Information, Article 8 ECHR, Article 10 ECHR, Consent, Damages, Balancing of Rights

Privacy Law Media Law Human Rights Misuse of Private Information Article 8 ECHR Article 10 ECHR Consent Damages +1 more

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Parties

Shakir Ali

Claimant

Shahida Aslam

Claimant

Channel 5 Broadcast Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Did the claimants have a reasonable expectation of privacy regarding the broadcasted eviction?
2 Did the claimants consent to the broadcast?
3 Was the broadcast justified under Article 10 ECHR as a matter of public interest?

Ratio Decidendi

Court Disposition

Judgment for the claimants

Orders

Channel 5 to pay £10,000 damages to each claimant for misuse of private information