Let me rephrase, the tabloids could quite easily suggest that the flight crew of BAW038 made mistakes, based upon a layperson's interpretation of the ATC tape. If such a suggestion were made in the press I predict that you would be one of the first to (rightly) condemn them. This alone is a strong argument to keep private ATC tapes.
Yes just look how the media "reinterpreted" the climate data/emails when that was "released".