Chapter 15 Interactive key cases
The claimant sued in respect of a story, accompanied by a photo, featuring her leaving a drug treatment meeting.
By a majority, the House of Lords upheld her claim and set out guidelines for the tort of unauthorized publication of private information.
The claimants sought an injunction to prevent publication of details of their wedding by Hello! magazine because they had been sold to OK!
The injunction was not upheld but damages were awarded for this breach of confidence. The ‘privacy’ here had a strongly commercial element.
The defendant attempted to publish an interview and photo of the plaintiff seriously injured in hospital.
The common law provided no protection for breach of privacy in itself; here the tort of malicious falsehood provided limited relief.
The defendant was a former friend who published detailed accounts of the claimant’s personal life.
The information carried an expectation of confidence and there was no overwhelming public interest in their publication. The claim was successful.
The claimant sued successfully for damages due to the publication of photos of his unusual group sexual activities.
Article 8 and 10 rights were balanced and it was held that there was no general public interest in this private sexual matter.
The claimant was photographed in a public place with a knife, having attempted suicide.
The use of his photo for anti-crime publicity constituted an unjustified infringement of his art 8 rights.
A ‘prurient story’ on the sex life of married celebrities was proposed to be published in the United Kingdom, having already received coverage abroad and on the internet.
There was no public interest in disclosure of these private sexual matters. This constituted an ‘intrusion into private life’. An interim injunction could be granted, despite existing coverage abroad.
Prince Charles brought an action for damages due to the publication of his personal diaries concerning political views.
The diaries had been obtained from an employee and their contents brought a reasonable expectation of privacy. The claim was successful.
The BBC broadcast extensive coverage of the police search of the home of a well-known celebrity.
There had been a reasonable expectation of privacy and, despite legitimate public interest, the extent and style of reporting was excessive, so damages were awarded for breach of privacy.
Princess Caroline brought an action against Germany for its failure to protect her privacy from journalists when she was in semi-public areas.