TechMedia: Spanking result for Max Mosley

Max Mosley has won his privacy battle with the News of the World.  He has been awarded £60,000 damages and substantial legal costs rumoured to total £500,000.

The News of the World published an article exposing Motor Racing President Max Mosley's liaison with five women.  Not only did the newspaper print the story with accompanying still photographs but it also produced an on-line version of the article.  This included edited video highlights showing Mr Mosley engaging in what was described in court as "S&M" activities.  Somewhat surprisingly, Mr Mosley lost an early court challenge to ban further on-line publication of the video.

But now the case has returned to court for a full trial and Mr Mosley has ultimately proved successful in his privacy claim.

Mr Justice Eady ruled that Max Mosley had a reasonable expectation of privacy, "People's sex lives are to be regarded as essentially their own business".  He paid particular attention to the fact that clandestine recording of sexual activity on private property had taken place.  The Judge then went on to determine whether the clandestine recording and the subsequent publication of the articles and photographic material could be justified as being in the public interest.  He rejected an allegation that the activity had involved Nazi-role playing, but said that had that been proved then there may have been a public interest defence.  The Judge also rejected a suggestion that criminal conduct had taken place, or even if it had it was so minor as to not justify the invasion of privacy.

The Judge therefore found in favour of Mr Mosley and fixed damages at £60,000, noting that Mr Mosley was not exaggerating when describing his life as having been ruined.  The Judge also took into account that the News of the World published a follow up article, but declined to award any additional exemplary damages deciding that this would be an extension of the existing law and, in any event, it was not justified on the facts.

When we initially reported this case we suggested that the media faces a dilemma.  The News of the World, and any other publisher who successfully floods the internet with material, might not have a speedy injunction made against them banning further publication, but could find themselves facing significant legal costs and damages from a full trial.  This has proved to be the case and one suspects will make the media think twice in future.

For further information about this case or about privacy issues generally please contact Ian De Freitas at ian.defreitas@blplaw.com.