It's more about the CAA demonstrating that certain airspace users are more privileged than others. Could Mr Kane request a three-mile exclusion zone around his helicopter in order to entertain the public? Of course not.
When you're carrying out a public air display with nine aircraft in formation it takes up a large piece of sky, and those aircraft traverse those three miles very quickly. The pilots have got quite enough to be doing by watching each other without also having to look around to see if some numpty has decided to barge through the area you are using.
Mr. Kane should have read NOTAMs and obeyed them, as any pilot does. To not be aware or to ignore them is at best poor airmanship, at worst negligence.