Max Mosley ECHR decision (press release)


News reaches us that The European Court of Human Rights (ECHR) has today confirmed that Max Mosley has not been successful with his claim that the United Kingdom failed to impose a legal duty on newspapers to notify the subjects of intended publications in advance to give them an opportunity to prevent such publications by seeking an interim court injunction.

Relying on 8 (right to private life) and Article 13 (right to an effective remedy), Mr Mosley complained that, despite the monetary compensation awarded to him by the courts, he remained a victim of Article 8 of the Convention as a result of the absence of a legal duty on the News of the World to notify him in advance of their intention to publish material concerning him thus giving him the opportunity to ask a court for an interim injunction and prevent the material’s publication.

The Court concluded by recognising that the private lives of those in the public eye had become a highly lucrative commodity for certain sectors of the media. The publication of news about such people contributed to the range of information available to the public.

Although the dissemination of that information was generally for the purposes of entertainment rather than education, it undoubtedly benefitted from the protection of Article 10. The Article 10 protection afforded to publications might cede to the requirements of Article 8 where the information was of a private and intimate nature and there was no public interest in its dissemination.

However, looking beyond the facts of Mr Mosley’s case, and having regard to the chilling effect to which a pre-notification requirement risked giving rise, to the doubts about its effectiveness and to the wide margin of appreciation afforded to the UK in that area, the Court concluded that Article 8 did not require a legally binding pre-notification requirement. Therefore, its absence in UK law had not breached Article 8“.

 

For a link to the full ECHR press release (application no. 48009/08) click here:

Our areas of expertise at Bargate Murray

Arbitration – Commercial – Corporate – Employment – Litigation (with particular expertise in oil and shipping disputes) – Mediation – Shipping – Superyachts

Disclaimer

 This document is for information purposes only. The information and opinion expressed in this document does not constitute legal advice and should not be regards as a substitute for legal advice.

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