Max Mosley Privacy

Former motorsport boss turned privacy campaigner Max Mosley has had his appeal to the Grand Chamber of the European Court of Human Rights rejected. Mosley had hoped to overturn a May ruling establishing that media outlets were not required to notify the subjects of stories in advance of publication. But the court announced that that judgment would be final.

Solicitor Mark Stephens, who represented Index on Censorship, the Media Legal Defence Initiative and other interested parties in the case, said:

This decision by the Grand Chamber and the previous decision by the court underline the recommendation made by the UK parliament's Culture Media and Sport Committee. This is a great day for free speech in Britain and throughout Europe.

Index on Censorship news editor Padraig Reidy commented: I

Index submitted its concerns about Mr Mosley's prior-notification plans as we recognised the threat such an obligation would pose to investigative journalism. While privacy is of course a concern, forcing newspapers to reveal stories would have a serious chilling effect.

Max Mosley has began an appeal against the European Court rejection of his attempt to extend privacy laws. He had demanded that newspapers about to expose details of someone's private life are forced to warn the individual before they do so. This would give the person time to seek an injunction to stop publication.

But last month the European Court of Human Rights in Strasbourg threw out the demand, saying it could have a chilling effect on journalism.

Now he has taken up his last option -- applying for a hearing before a 17-judge Grand Chamber of the same court.

A statement from Mosley's lawyers, Collyer Bristow said:

Despite the court's "severe criticisms" of the News of the World, this and other tabloid newspapers could use the same techniques tomorrow to obtain and publish intimate photographs and details of the sex lives of individuals, without notice and in the knowledge that it is wholly unlawful.

Privacy has been the subject of considerable public and media debate in the last month and a ruling from the Grand Chamber of the Court is needed upon this important issue to close a clear gap in UK law

Ex Formula 1 boss Max Mosley has lost his European Court of Human Rights bid to force newspapers to warn people before exposing their private lives.

He said the Strasbourg verdict was disappointing but he may appeal, to keep fighting for tighter privacy laws: [I'm] obviously disappointed, but it's satisfying that they've been extremely critical of the News of the World.

Mosley won his 2008 High Court battle after a judge ruled there was no justification for the News of the World's front-page article about him paying five women to take part in a sado-masochistic orgy.

The tabloid reported that the orgy involving Mosley, the son of fascist leader Oswald Mosley, had Nazi overtones, but this was rejected by the judge.

Although he was awarded £ 60,000 damages, everyone had learned the details of his sexual preferences, and he argued money alone could not restore his reputation. He said once a story had been published, you could not un-publish it, and the damage had been done.

He took his case to the Human Rights Court, challenging UK laws which allow publication without giving targets advanced warning. The court clearly had some sympathy for Mosley's individual case, but said it had to look more broadly and assess the balance between an individual's right to privacy and the media's right to freedom of expression under the UK's legal system.

The UK, along with other contracting states, has a margin of appreciation - ie some leeway in the way it protects people's right to privacy. Taking that into account, the court found that the mix of rights and remedies available to people in the UK - which includes actions for damages, injunctions when the person knows of an imminent story, and regulation of the press through the Press Complaints Commission - sufficiently protected their privacy. It also feared that a general requirement of prior notification risked having a chilling effect on serious investigative journalism.

Max Mosley, the former president of Formula One, was in a European court on 10 January hoping to secure a new law barring newspapers from publishing details of people's private lives without forewarning.

Mosley is asking the European Court of Human Rights in Strasbourg to make it illegal for a newspaper to publish intrusive material without prior notification. He claimed that it was a great fallacy to think this would inhibit press freedom.

But campaigners have warned that a prior notification rule could damage valid investigative journalism as well as suppressing kiss and tell journalism, by giving anyone who does not like what is about to appear about them in the press time to seek an injunction to prevent publication.

The UK Government opposes Mosley's application.

It's really a very simple thing that if a newspaper is going to write something about your private life, or something you might reasonably wish to keep reasonably private, that they should tell you beforehand, Mosley told BBC Radio 4's Today programme: The fact of the matter is, in 99 cases out of 100, if they are going to write something about someone of any real interest, they will approach the person.

But Geoffrey Robinson QC warned: The vast scope of the new law which is contended for is so vague as to be unworkable.

Max Mosley, the president of formula one's governing body, is to continue his challenge to the law of privacy by taking his case to the European court of human rights in Strasbourg.

Mosley, whose private sexual practices became national news in July when the News of the World published details of his involvement in an orgy, says that the £60,000 damages he received for some of the claims the paper made were not an adequate remedy.

He wants a change in the law that will force editors to contact the subject of their revelations before publishing articles that could invade their privacy.

I think it's wrong that a tabloid editor can destroy a family and wreck a life without being answerable to anybody just to sell newspapers, Mosley said.

The law allows a practice described as publish and be damned , meaning that newspapers can publish stories that may infringe privacy, knowing that they may face legal consequences after the event.

These tabloids go for somebody almost every Sunday, and apparently it's become routine for them to keep it a secret to prevent the person from seeking an injunction, Mosley said: The chance of being sued is very small, the damages are not very big, and it is a worthwhile risk.

Mosley's battle is no longer against the News of the World but against the state: I have been able to put right the wrong done to me within the limits of English law. But to remedy it completely I need to challenge English law.

His legal team will argue that the law failed to protect Mosley's right to privacy under the European convention on human rights because of the absence of any obligation on editors. Although [£60,000] is the highest sum ever achieved in a claim for an invasion of privacy, it is not an effective remedy, said Dominic Crossley, the lawyer representing Mosley : The only effective remedy would have been to prevent the publication in the first place by means of an injunction.

Max Mosley won his case against the News of the World over the newspaper's allegations he had engaged in "Nazi style orgy" with five prostitutes.

In a powerful judgement, Mr Justice Eady, declared that however morally distasteful the public might find such activities, the press had no right to publish them as they did not constitute a 'significant' crime.

In his ruling the judge acknowledged the growing influence in British national life of the European Court of Human Rights, which gives people's privacy precedence over the right of the media to investigate them.

Lawyers claimed that the judgement effectively introduced a privacy law into Britain, even though Parliament has never passed one.

Mosley, the President of motor sport's governing body, was secretly filmed conducting a five hour sado-masochistic session at his Chelsea flat with the women, one of whom was the wife of an MI5 agent. As well as being published in the newspaper, video footage of the session was then posted on the paper's internet site and viewed by 3.5m people

Mosley, the son of fascist leader Sir Oswald Mosley, sued the paper claiming they had breached his privacy.

The judge, in a passage which was seen by lawyers as a serious breach of press freedom, stated: It is not for the state or for the media to expose sexual conduct which does not involve any significant breach of the criminal law.

The fact that a particular relationship happens to be adulterous, or that someone's tastes are unconventional or "perverted" does not give the media carte blanche.

Mr Justice Eady also suggested that journalists would not be entitled to secretly film someone in order to catch them committing a crime.

The question has to be asked whether it will always be an automatic defence to intrusive journalism that a crime was being committed on a private property, however technical or trivial.

Would it justify installing a camera in someone's home, for example, in order to catch him or her smoking a spliff? Surely not.

Mosley won £60,000 damages - a record for a privacy case - with the judge ruling the paper had produced no evidence of a Nazi link. The newspaper now faces costs of £850,000.

Max Mosley (son of Sir Oswald the fascist) was caught in a News of the World sting visiting a BDSM dungeon.

Film, widely available on the web, initially starting on the News of the Screws' own site, is censored with black squares on Max's bum and that of a girl he canes, but raises some interesting issues about the Dangerous Pictures Act.

Presumably, even if uncensored, the vids would escape the DPA because they weren't produced for purposes of sexual arousal but as part of a shock horror investigation of pervy Max.

See full article from The Register
see also article from News of the World

Formula One boss Max Mosley lost a High Court bid to stop the News of the World from putting a video of him and five prostitutes back on its website.

Mr Justice Eady came to the conclusion that because the material has already been widely reported, and is still widely available, granting an injunction would serve no purpose.

Eady said: I have, with some reluctance, come to the conclusion that although this material is intrusive and demeaning, and despite the fact that there is no legitimate public interest in its further publication, the granting of an order against this respondent at the present juncture would merely be a futile gesture.

Mosley was featured in a front page story by the Sunday paper which accused him of paying five prostitutes to dress in German Nazi-style uniforms and what look very like concentration camp uniforms for the S&M session.

Mosley, the son of British fascist Sir Oswald Mosley, is taking the News of the World to court on privacy grounds - the two sides will be back in court in July.

The newspaper has only released a 95 second section of the video including clips of Mosley being beaten and enjoying a refreshing cup of tea after his five hour session. Mosley denies any Nazi connotations to the session.

Update: Formula 1 Circus Moves on to France

19th April 2008

A French judge will render a decision on April 29 on whether to ban a video showing Formula One chief Max Mosley cavorting with five prostitutes from being aired in France.

Mosley's lawyer Philippe Ouakrat said that the video "characterises a violation of his right to respect for his private life" and demanded that the tape be banned from being aired on French territory.