Judgment Approved by the court for handing down.
Ismaik v Fadaat Media
50.
Turning then to the parties’ claimed meanings, I was able to recognise a measure of
agreement between them, and correspondence with my own initial views, to the extent
that Mr Ismaik was being suggested to have associated himself with an article
promoting political views extreme in nature and contrary to Arab interests; and that
these were ‘Zionists’’ views produced with ‘Zionists’’ money. But I thought both
parties were proposing more literal and factual content to this allegation, which on my
initial reading I thought more thoroughly polemical. And I learned that Mr Ismaik
feared it was loaded with imputation in two further respects I had not initially picked
up: that he was being accused of having personally betrayed or been disloyal to his
country and heritage, and that there was an allegation of false presentation or
deceptiveness in what he was said to have done. So I have thought about all these
aspects again. But I have also reminded myself not to lose the perspective of the
ordinary, reasonable reader who consumes writing like this swiftly and
impressionistically before moving on, nor to over-labour the exercise.
51.
On the question of whether there is an imputation of betrayal or disloyalty in this
piece, Mr Munden, for Mr Ismaik, invited me to make comparisons with some of the
allegations made in Rahman v ARY Network [2016] EWHC 3110 (QB), and the
conclusions reached at [62] and [73]. He suggests in this case there is an equivalent
imputation Mr Ismaik is ‘in bed’ with ‘Zionists’ – the enemies of his country and his
people – and has taken funds from them in return for propagandising on their behalf.
Closely associated with that is the imputation, he says, that his motives were
exclusively mercenary: he allowed himself to be portrayed as articulating an opinion,
including on behalf of a section of Palestinian/Jordanian thought, that he and they did
not in fact hold; they were the views of ‘Zionist’ others all along.
52.
I have reflected on this, and looked again at the article. I keep in mind that an
ordinary, reasonable reader can read between the lines and pick up an imputation, and
indeed they may be more ready to do so than the average lawyer. But they are not
suspicious-minded, or avid for personal scandal. And they are reading an opinionated
political comment piece.
53.
So I have also kept in mind the piece’s political partisanship, and the background of
the Arab-Israeli conflict. That is a long-standing tragedy, freighted with powerful
components of mutual grievance in which entire national identities are at stake and
which has proved chronically resistant to peaceful progress and workable outcomes
around which consensus can be built. Debate about the way forward is characterised
by vehemence and polarity, and often reduced to binary simplicities, but at the same
time it encompasses issues of considerable complexity and deep historical and
cultural significance. An ordinary reasonable reader of this article would not only be
familiar with that context in at least broad terms, but can be taken to possess a degree
of political awareness of, and familiarity with, its accompanying rhetorical tropes. I
have broadsheet readership with an interest in politics in mind.
54.
I am not, however, asked to assume that ordinary reasonable readers would
necessarily identify completely with this journalist’s world view, or voice.
Broadsheet journalism characteristically speaks in a range of political voices, even
where it locates its editorial sympathies at one recognisable point or another on any
political spectrum. I can infer that Al-Araby’s sympathies do not in general lie with
Israeli foreign policy, but I cannot assume its ordinary, reasonable readership possess
no critical perspective on an article of this sort. On the contrary, I am confident