Comment: Mosley's privacy

Evening Standard13 April 2012

Today's judgment in the privacy case brought by Max Mosley is being described by somelawyers as a landmark that will curb the freedom of the press. Mr Justice Eady found that the News of the World had infringed Mr Mosley's privacy with its exposure of a bondage orgy it claimed had "Nazi" overtones. Mr Mosley, head of motor sport's governing body, the FIA, successfully argued that there was no Nazi element and no public interest in his odd sexual proclivities being reported. Whether the decision will indeed inhibit the ability of journalists to embarrass public figures with undercover operations depends on the definition of public interest.

Certainly many investigations by red-top newspapers focus on alleged sexual misbehaviour by celebrities such as Premiership footballers. Today's decision looks likely to rein in such reporting. However, when newspapers expose behaviour that is illegal or dangerous, or at serious variance with the public statements of those public figures involved - a moralistic MP who has an affair, for example - then they should be able to report people's private lives. If this decision were to discourage papers from pursuing a wider range of stories involving privacy issues, that would be deeply damaging. Parliament has rightly rejected the possibility of formal privacy laws. Today's ruling must not be allowed to discourage serious investigations in the public interest.

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