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This is Coverup.net
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J B Hunt's submission to the High Court, seeking
Judicial Review of the ITC's rejection of his complaint
against Granada Television (page five of five)
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First page of this document
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(Continued from overleaf)
- In this regard on August 29 2000 Mr Justice Elias granted Camelot permission to seek judicial review of the Lottery Commission's decision. On 21 September 2000 Mr Justice Richards ruled the Lottery Commission's decision to negotiate only with Virgin boss Sir Richard Branson was unlawful and should be quashed. In his landmark judgment Mr Justice Richards said: "The commission, while intending to be fair, has decided a procedure that results in conspicuous unfairness to Camelot - such unfairness as to render the decision unlawful."
Summary
It is the claimant's contention that the defendant Commission's decision of 20 July 2001, in which the defendant found that Granada TV's sustained news blackout of the claimant's investigation and findings did not contravene the ITC Code, on grounds that the broadcaster had aired other points of view relating to the controversy, is illogical, is contrary to its Code, and would be akin to a political censor's charter if allowed to go unchecked. As the claimant pointed out in his final letter to the commission's chairman (bundle C, tab 26, page 86):
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'I submit that Granada's enduring censorship of news of our investigation does indeed amount to partial reporting of a political controversy, contrary to the provisions of the Act and Code. If my assessment is wrong, it must follow that our legislators, when drafting the Broadcasting Act's requirement for the impartial reporting of political controversies, would have considered that a broadcaster's deliberate and sustained censorship of news of an independent investigation challenging the prevailing opinion of a political controversy did not constitute partial reporting of that controversy.
With respect, the proposition is absurd. Indeed, if the Broadcasting Act was not framed to prevent broadcasters from exercising such political censorship, one is at a loss to imagine just what our legislators did have in mind.'
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It is the claimant's contention that the Commission's decision to deny the claimant access to the broadcaster's response to his complaint is unfair, illogical, and contrary to the provisions of the Code of Practice of ITC Members.
It is the claimant's submission that he has shown that there is at least an arguable case.
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Jonathan Boyd Hunt
December 3 2001
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Hon Mr Judge Burton's Order
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