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Date: Thu, 24 Jul 2008 12:15
From: Andrew Tettenborn
Subject: Max Mosley wins breach of confidence action in High Court
Martin Hogg wrote: Those interested in breach of confidence will want to take note of Mr Justice Eady's decision in Mosley v News Group Newspapers Ltd, published today.
The action by Mr Mosley for "breach of confidence and/or the unauthorised disclosure of personal information", relating to publication by the News of the World newspaper of a video, together with various reported details, of Mr Mosley's activities with five prostitutes, was successful.
Eady J notes that the "new methodology" in such actions is based upon the fact that:
"The law now affords protection to information in respect of which there is a reasonable expectation of privacy, even in circumstances where there is no pre-existing relationship giving rise of itself to an enforceable duty of confidence. That is because the law is concerned to prevent the violation of a citizen's autonomy, dignity and self-esteem" (para 7).
Probably an inevitable decision since Naomi Campbell. But, at least in my view, a black day for press freedom and a remarkably ill-thought-out privacy law.
It's all very well for Eady J to mention autonomy, dignity and self-esteem: but just how convincing is it? I can't see how his autonomy is in the least affected by the NoW making him look foolish. In so far as he lost his dignity, it was a dignity he didn't deserve. And I can't see how, rationally, the NoW can have affected his self-esteem.
Andrew
--
Andrew Tettenborn MA LLB
Bracton Professor of Law
University of Exeter, England
Tel: 01392-263189 / +44-392-263189 (outside UK)
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