Monday, January 17, 2011

Max Mosley's privacy claim reaches the European court of human rights

Strasbourg court could force newspapers to warn individuals before printing stories about them

Max Mosley will appear in court today in a final attempt to change the law on privacy, in a case that could have far-reaching implications for the UK's media.

The former FIA president, who successfully sued the News of the World in 2008 for a story detailing his sexual activities with prostitutes, is to appear before a panel of judges at the European court of human rights to argue that the newspaper should have been forced to notify him before the story was published.

The case could force the government to create a law requiring editors to inform celebrities about stories concerning them before they appear.

"Tabloid revelations can cause great pain, even suicide," said Mosley, writing on the Guardian website. "As things stand, the law is ineffective. It cannot prevent even the most outrageously illegal invasions of privacy by the tabloids. If they feel like it, they can ruin lives with impunity. The only answer is to compel a newspaper to inform you if it intends to publish your private information."

Although Mosley received �60,000 in damages after the court ruled that his privacy had been violated, lawyers representing him say that changing the law is the only way to prevent future cases.

"The first Max knew about the News of the World story was on the morning of 30 March 2008, the same time as 15% of the adult population of the UK were also reading it," said Dominic Crossley, partner at Collyer Bristow, representing Mosley.

"The decision not to notify the subjects of stories like this is a technique used by tabloid editors in extreme cases when the article is clearly going to be unlawful ? they take a decision which renders privacy rights entirely futile."

The case is being vigorously contested by a number of media organisations, which argue that the change would create opportunities for injunctions, delaying publication and violating the media's right to freedom of expression.

"[Mosley] is a wealthy international public figure with a penchant for satisfying sexual desires by beating women, and being beaten by them," said Geoffrey Robertson QC, representing media organisations who have intervened in the case. "He pays prostitutes to engage with him in mildly sadomasochistic orgies, and campaigns for a law that will enable the truth about such 'private' conduct to remain secret. The vast scope of the new law which is contended for ? is so vague as to be unworkable."

It comes after a House of Commons committee considered the case in a report on press and privacy last year.

The culture, media and sport select committee criticised the News of the World in its report in February, stating that the story had not been in the public interest. "We found the News of the World editor's attempts to justify the Max Mosley story on 'public interest' grounds wholly unpersuasive, although we have no doubt that public was interested in it," it said.

The committee rejected suggestions that the law should change, stating that the law on privacy was developing and should be determined by the courts, rather than by statute.

? This article was amended on 11 January 2010. The original stated that Mosley received �80,000 in damages. This has been corrected.


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