The claimant the son of a former fascist leader, sought damages for breach of confidence and a right to a private life after the defendant newspaper published stories alleging that his involvement with prostitutes had included nazi rituals. The defendant argued that the claimant’s right to a private life was overborn by greater public interest.
Held: The claim succeeded. To establish a claim in confidence he had to show a reasonable expectation of privacy, and that that right was not set aside by any balancing exercise involving freedom of expression. There had been a breach of the right of private life by the woman who had recorded the events. Here there was no greater good served by publication. The sado-masochism was consensual and involved no threat or children, and involved no issue of public interest. Nor here were there any public claims of impropriety by the claimant.
Judges:
Eady J
Citations:
[2008] EWHC 2341 (QB), Times 30-Jul-2008
Links:
Statutes:
European Convention on Human Rights 10
Citing:
See Also – Mosley v News Group Newspapers Ltd QBD 9-Apr-2008
The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website.
Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised. . .
Cited by:
See Also – Mosley v The United Kingdom ECHR 22-Oct-2009
. .
See Also – Mosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
Lists of cited by and citing cases may be incomplete.
Defamation, Human Rights, Media
Updated: 19 July 2022; Ref: scu.276983
