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The regulator is obliged to enforce the 50-year-old British requirement of impartiality in news, which was designed when the airwaves carried only a small number of national broadcasters.
The regulation imposing balanced coverage for the electronic media only – which has been a part of Hungarian law for the past 15 years – is far more lenient than the British requirement of impartiality.
No fine can be imposed for the breach of the rule on balanced coverage – which is far more lenient than the British requirement of impartiality and applicable to media services only –; the competence of the authority is limited to issuing a condemnation.
Therefore, whether or not any particular judge harboured pre-conceived ideas or biases, if the system is structured in such a way as to create a reasonable apprehension of bias on an institutional level, the requirement of impartiality is not met.
Judge Hunter in a separate opinion stated that the requirement of impartiality 'was announced as essential to a grand jury proceeding by both the legislature and the supreme court of this state, in the statutes and decisions * * *.' 56 Wath.2d, at 537, 349 P.2d, at 423424.
The denial of the value of supererogatory action also appeals to its incompatibility with the fundamental requirement of impartiality.
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The domain of the moral, unlike the domain of value generally, is governed by the requirements of impartiality.
As Brian Barry has written, the effect of consequentialist impartiality "is, in effect, to extend to the whole of conduct the requirements of impartiality that on the common-sense view are restricted to judges and bureaucrats acting in their official capacities".
They need to be vigilant to make sure inappropriate assessment and comments do not contribute to the final decisions and, more importantly, to ensure that reviewers who breach the requirements of impartiality and objectivity are not requested to provide reviews again.
Loach's letter to Today, released via the Palestine Solidarity Campaign read: "You understand, I'm sure, that this interview is a serious breach of the requirement for impartiality.
"However, we have concluded that the current arrangements do not breach BBC editorial guidelines and specifically requirements of due impartiality in content".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com