Mr Justice Haddon-Cave :
INTRODUCTION
1.
The Claimant, Shakeel Begg, the Chief Imam at Lewisham Islamic Centre, claims
damages against the Defendant (“the BBC”) for libel in respect of a broadcast of the
“Sunday Politics” current affairs television programme on BBC1 on the morning of
3rd November 2013.
2.
The Sunday Politics programme was hosted by the well-known journalist and
broadcaster, Andrew Neil. It lasted an hour and was watched by over 838,000 people.
It was subsequently viewed on iPlayer and YouTube. The programme opened with a
roving reporter posing the question “Are mosques doing enough to counter
extremism?”. The broadcast then switched to the studio where Mr Neil interviewed
an invited studio guest from the Muslim Council of Britain, particularly on the subject
of the treatment of women under Islam.
Words complained of
3.
The Claimant complains of the following words spoken by Mr Neil mid-way during
that interview:
“The East London Mosque, which you personally and the MCB closely
associated with, it’s also the venue for a number of extremist speakers and
speakers who espouse extremist positions. This year Shakeel Begg, he spoke
there and hailed jihad as “the greatest of deeds”. In 2009 the mosque hosted
a video presentation by somebody described by US security as an Al-Quaeda
supporter. You had another speaker there who in the past had described
Christians and Jews as “filth”. You’ve had a jihadist supporter of the Taliban
there. Why do you do nothing to stop extremism, extremists like that, at this
mosque with which you’re associated with.”
4.
The Claimant said that he came to learn of what had been said about him on the
“Sunday Politics” programme from third parties and felt upset at having been
portrayed in this way.
5.
He subsequently brought a complaint under the BBC complaints procedure. On 1 st
April 2014, the BBC’s Editorial Complaints Unit wrote to the Claimant indicating that
it was minded to uphold the Claimant’s complaint. However, on 30 th July 2014, the
BBC’s Editorial Complaints Unit wrote again saying that it was taking the unusual
step of withdrawing its ruling following research on the Web which revealed a
previous speech and open letter attributed to the Claimant. It is common ground that
the ruling of the BBC’s Editorial Complaints Unit, and its withdrawal, are irrelevant
on the issue of liability but may be material to damages if that issue arises. The Court
will decide the issues in question entirely afresh.
BBC’s plea of justification
6.
The BBC admits the words complained of (“WCO”) were broadcast, admits they are
prima facie defamatory, but pleads justification, i.e. that they are substantially true.
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