362.
As to the second meaning (2), in my view, the DEVIANT GROUPS SPEECH (2009)
where the Claimant quoted Sheikh bin Baz’s words with approval (“…jihad in the
path of Allah it is from the best of those things that bring us closer to Allah and one of
the greatest acts of obedience”) was sufficiently recent to make good the BBC’s
second charge (particularly when taken in the context of the other speeches in which
he espouses extremist views).
363.
However, in any event, many of the Claimant’s speeches were posted on the LIC
website and (as the Claimant would have expected) remain live and accessible on the
Web on a variety of sites (viz. e.g. on YouTube and sites advertising Islamic material
such as www.kallamullah.com). These days, the Web is a living library for public
speeches by public figures such as the Claimant.
364.
For these reasons, in my view, neither of these errors of detail (in the sense used by
Eady J in Turcu (supra)) is of sufficient significance to undermine the BBC’s case on
justification. The substance of the charge by the BBC against the Claimant in the
WCO remains ‘substantially true’.
SUMMARY AND CONCLUSONS
365.
In summary, for the reasons set out above, the BBC succeeds in its defence of
justification.
366.
I find the words complained of (“WCO”) are substantially true in their meanings: (1)
The Claimant is an extremist Islamic speaker who espouses extremist Islamic
positions. (2) The Claimant had recently promoted and encouraged religious violence
by telling Muslims that violence in support of Islam would constitute a man’s greatest
deed.
367.
In my judgement, the Claimant’s DEVIANT GROUPS SPEECH (2009) is sufficient
to make good the BBC’s case on justification on its own. It contains clear statements
by the Claimant justifying both limbs of the meaning of the WCO (above).
368.
In my judgement, taken cumulatively, the Claimant’s speeches and postings, represent
an overwhelming case of justification for the BBC.
In the KINGSTON
UNIVERSITY SPEECH (2006), the ADVICE TO TAWFIQUE CHOWDHURY
(2009), the DEVIANT GROUPS SPEECH (2009), the AAFIA SIDDIQUI SPEECH
(2010), the CAGE PRISONERS SPEECH (2010), and the BELMARSH PRISON
SPEECH (2011), the Claimant repeatedly espouses a series of extremist Islamic
positions (including most of the classic extremist Islamic positions listed in
paragraphs 118 -128 above) and promotes and encourages violence in support of
Islam.
369.
If there had been simply a single ‘one off’ speech, there might be pause for thought.
However, these half-dozen speeches represent a consistent pattern of behaviour on the
part of the Claimant of fomenting extremist ideas and ideology before engaged and
receptive Muslim audiences. I am satisfied that the import of the Claimant’s core
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