In the event that the classification committee had jurisdiction, it was required to afford a hearing in some form to other publishers of the image. "We submit that the appeal must be upheld on the basis that the decision of the classification committee was incorrect on its merits."Treatment of evidence The committee erred in its treatment of the evidence before it, including in relation to what it considered to be "common cause". It relied on the concerns of "sensitive adults" when it had no jurisdiction to do so. The lawyers said the committee failed to recognise that the portrait did not in any event infringe on any person's right to have his or her dignity respected.
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