7. The evidence before me indicates that between 30 and 31 March the on-line version of the article was visited approximately 435,000 times, whereas the edited footage itself was viewed about 1,424,959 times over the same period. The explanation for the difference in numbers is, as I understand it, that the footage could have been accessed via the Internet by users who were visiting other websites in which the footage had been “embedded”. It was also made available on the Internet by other websites which had copied it while still available on the News of the World website. 8. It follows that there are a number of websites (not possible to quantify accurately) where the footage has been available continuously, notwithstanding its removal from the News of the World website. 9. Mr Mosley does not dispute that the events occurred, as portrayed in the edited footage, but he maintains that they were private and that the public display engages his rights under Article 8 of the European Convention on Human Rights and Fundamental Freedoms (as it undoubtedly does). The proceedings, and the application made before me, are thus based upon the alleged infringement of his privacy. 10. It has emerged, however, that Mr Mosley does challenge the accuracy of the News of the World presentation in at least one respect; that is to say, its characterisation of his activities as being Nazi role-play. This interpretation has been picked up and given widespread coverage by others. For example, in The Times on 31 March, an article appeared under the heading “Max Mosley faces call to quit as Formula One chief after ‘Nazi orgy’”. This quoted Karen Pollack, chief executive of the Holocaust Educational Trust, as saying, “This is sick and depraved. For anyone to be in such a position of influence and power beggars belief. I am absolutely appalled”. 11. The director of the Holocaust Centre, Stephen Smith, was also quoted: “As Mr Mosley has condemned the racism in motor sport he should live up to the standards he sets. This is an insult to millions of victims, survivors and their families. He should apologise. He should resign from the sport”. 12. There have been many similar comments, some of which are specifically related to the allegation of Nazi role-play, and others more general. There have been statements, for example, from BMW and Mercedes, and from Honda and Toyota. There is no need to set these out in full, but Toyota drew particular attention to the overtones of anti-Semitism: “Toyota Motorsport does not approve of any behaviour which could be seen to damage Formula One’s image, in particular any behaviour which could be understood to be racist or antiSemitic”. 13. Lewis Hamilton expressed agreement with the statements of the car manufacturers, stating that it was important to set an example and that “we all, especially the young people, we’re always looking up to at least someone to show us the way. Setting a good example is the best way of saying it”.

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