Media Privacy
Introduction
As a human right, privacy has a long history. It is hard to give a clear definition of privacy since it is a broad idea. Sexual identity, lifestyle, credit information, medical records and communication data, etc. are all human right to be kept in privacy. But in recent years numerous cases of breach of confidence are presented in public, especially on business and political secrets and lives of prominent people. Since European Convention on Human Rights was effectively absorbed into British law in the HRA in 1998, conflicts never stop between right to privacy and right to freedom of speech. A coherent line of reasoning for deciding what information should be regarded as private and what should be open to public scrutiny is urgently needed.
Max Mosley v News of the World
In 30th March 2008, News of the World exposed a two-page paper heading "F1 boss has sick Nazi orgy with 5 hookers", in that paper, Neville Thurlbeck, the chief reporter, refers to describe Max Mosley as a sick Nazi-Style torturer according to the video secretly filmed at Max Mosley's flat in London by one of the five women. In that video, Max Mosley is playing some S&M games with five women. After that Max Mosley admitted a sado-masochistic sex session with five hookers, but denied on a Nazi theme since the reporter claims this paper concerns public interest because Max Mosley's father was the 1930s fascist leader Sir Oswald Mosley. The High Court ruled the News of the World did breach Max Mosley's privacy, awarding him £60,000 in damages. At the High Court, Mr. Justice Eady said there was "no evidence that the gathering on 28 March 2008 was intended to be an enactment of Nazi behavior or adoption of any of its attitudes, nor was it in fact." He said it was just "typical of S&M behavior" and "there was no public interest or other justification for the clandestine recording". Thus news of the World had to pay for Max Mosley's legal fees for about £450,000 and its own fees
As a human right, privacy has a long history. It is hard to give a clear definition of privacy since it is a broad idea. Sexual identity, lifestyle, credit information, medical records and communication data, etc. are all human right to be kept in privacy. But in recent years numerous cases of breach of confidence are presented in public, especially on business and political secrets and lives of prominent people. Since European Convention on Human Rights was effectively absorbed into British law in the HRA in 1998, conflicts never stop between right to privacy and right to freedom of speech. A coherent line of reasoning for deciding what information should be regarded as private and what should be open to public scrutiny is urgently needed.
Max Mosley v News of the World
In 30th March 2008, News of the World exposed a two-page paper heading "F1 boss has sick Nazi orgy with 5 hookers", in that paper, Neville Thurlbeck, the chief reporter, refers to describe Max Mosley as a sick Nazi-Style torturer according to the video secretly filmed at Max Mosley's flat in London by one of the five women. In that video, Max Mosley is playing some S&M games with five women. After that Max Mosley admitted a sado-masochistic sex session with five hookers, but denied on a Nazi theme since the reporter claims this paper concerns public interest because Max Mosley's father was the 1930s fascist leader Sir Oswald Mosley. The High Court ruled the News of the World did breach Max Mosley's privacy, awarding him £60,000 in damages. At the High Court, Mr. Justice Eady said there was "no evidence that the gathering on 28 March 2008 was intended to be an enactment of Nazi behavior or adoption of any of its attitudes, nor was it in fact." He said it was just "typical of S&M behavior" and "there was no public interest or other justification for the clandestine recording". Thus news of the World had to pay for Max Mosley's legal fees for about £450,000 and its own fees