header-logo header-logo

19 May 2011
Issue: 7466 / Categories: Case law , Law reports
printer mail-detail

Human rights—Right to respect for private and family life—Freedom of expression

Mosley v United Kingdom [2011] ECHR 48009/08, [2011] All ER (D) 66 (May)

European Court of Human Rights, Judge Garlicki (President), Judges Bratza, Mijovic, Bjorgvinnson, Hirvela and Bianku, and L Early (Section Registrar), 10 May 2011

The right to privacy under Art 8 of the European Convention on Human Rights does not require the imposition of a legal duty on newspaper to notify individuals in advance in order to allow them the opportunity to seek an interim injunction and thus prevent publication of material..

In March 2008, a newspaper published on its front page an article headed “F1 boss has sick Nazi orgy with 5 hookers”, referring to the applicant. It printed still photographs taken from video footage secretly recorded by one of the other participants in the sexual activities, who had been paid in advance to do so. An edited extract of the video as well as still images were also published on the newspaper’s website and reproduced elsewhere on the internet.

The applicant’s solicitors complained to the newspaper about the video footage on the website,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll