Seems to me that ‘interpretation’ of the CAA’s Drone Code in this matter is (at least partly) based on their idea that we are pilots (of UAVs), which I think implies that we accept that we are individually responsible & competetent adults capable of making our own risk assesments. Not saying this is necessarily always the actual case, but…
The rule regarding VLOS,
for example, is an absolute; you (or your fpv spotter) are required to be able to see your drone with your naked eye, (as I’m sure we all do, all the time) no ifs no buts no ‘interpretation’. In contrast, defining the word ‘crowd’ in a given situation relies on your individual judgement, like deciding if conditions are suitable for flying in the first place; you, the pilot, are responsble for making such decisions in the same way that a ‘proper’ pilot, or the skipper of a boat, makes similar assessments, and is held legally to account if things go wrong.
I rely on my own instincts when it comes to crowds, because the situation on the ground can change unexpectedly in real time. You may be safely flying over a town square which is nearly empty, and then a few hundred punters pass through from an event a mile or so away that you didn’t know about and you have a situation to react to; do you feel comfortable flying over them or does it feel a bit risky? If it feels risky, you should move away to stand-off, and possibly land until they’ve all gone away; you are not expected to ask them all if they think they can dodge a falling drone!
In this hunting situation, where feelings are partisan and running high, an extra element is involved. The hunters, if they were awae of the drone, would almost certainly complain that it was being flown dangerously over a crowd, but I cannot see that they’d have much of a case (assuming the drones were standing off, as they probably were for a better camera angle, not directly overhead, and high enough not to be considered a nuisance). If, as Packham says, the hunt was behaving illegally and he has footage, this will emerge in court, as will any illegal flying by his people!
I’ve no brief for hunting, barbaric activity, this is not the middle ages, but Pacham seems to me to be acting provocatively ans the sabs do not have a reputation as upholders of civilised society either. But, FWIW, I don’t personally think this shows up dronery in any worse than an ambivalent light