the band used “Nazi symbols” and “posters” when there was only one possible candidate for a symbol being the “S” and there was only one Dream Troll image; there was an assertion that the band “delights” in the use of Nazi symbols without any evidence to support that point; and there was generated a fictional political controversy by calling Mr Elphicke, without telling him about the Black Sabbath album cover and referring to Tories rounding on Mr Burgon when there was no evidence of that. 113. In my judgment, for all the detailed reasons given above, Mr Newton Dunn was acting honestly when he wrote the story. Mr Newton Dunn did not appreciate the significance of the hashtag Black Sabbath. He should have included the reference to Black Sabbath in the online article but the failure was not dishonest because the reference to Black Sabbath had not altered Mr Newton Dunn’s view. Mr Newton Dunn did consider the font to be significant and the use of the plural was not evidence of dishonesty. Mr Newton Dunn called Mr Elphicke because he considered there to be story and believed rightly that Mr Elphicke would provide a comment. This conclusion about honesty means that the claim for malicious falsehood fails. 114. This also means that it is not necessary to consider the issue of pecuniary damage. I therefore dismiss the claim for malicious falsehood. Relevant principles of the DPA 115. Section 4(4) of the DPA requires data controllers to comply with the data protection principles. The first data protection principle requires that “personal data shall be processed fairly and lawfully …” and requires compliance with the schedule 2 conditions. Schedule 2 sets out conditions relevant for the purposes of the first data protection principle, and paragraph 6 requires that “the processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed”. 116. The second data protection principle requires that: “personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes”. The fourth data protection principle requires that: “personal data shall be accurate and, where necessary, kept up to date”. Schedule 1, Part II at paragraph 7 provides that there will not be a breach if having regard to the purposes for which data is obtained and processed reasonable steps have been taken to ensure accuracy. Section 70(2) of the DPA provides that “… data are inaccurate if they are incorrect or misleading as to any matter of fact”. The reference to fact makes it clear that the principle is not concerned with comment or opinion, see NT1 v Google [2018] 3 WLR 1165. 117. Section 27(1) of the DPA provides for exemptions. A set of exemptions is set out in Part III at section 32. This section is headed “Journalism, literature and art”. Section 32 provides: “(1) personal data which are processed only for the special purposes are exempt from any provision to which this subsection relates if (a) the processing is undertaken with a view to the publication by any person of any journalistic … material, (b) the data controller reasonably believes that, having regard in particular to the special importance of the public interest in freedom of expression, publication would be in the public interest, and (c) the data controller reasonably believes that, in

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