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Press victory

May 10, 2011

The European Court of Human Right has dismissed a bid to impose privacy restrictions on the British press. Former world motorsport chief Max Mosley launched the case after British tabloids exposed him in a sex scandal.

https://p.dw.com/p/11CtD
Max Mosley with his lawyer
Mosley (left) lost the legal battle for media restrictionsImage: picture alliance / dpa

Former world motorsport chief Max Mosley failed in his bid to convince the European Court of Human Rights to introduce restrictions on British press freedom on Tuesday.

The Strasbourg-based court refused to pass legislation forcing British newspapers to warn people before exposing details about their private lives.

The verdict marks the final stage in the privacy battle launched by Mosley after he was caught up in a tabloid sex scandal in 2008.

British daily the News of the World published pictures of the son of 1930s British fascist leader Oswald Mosley taking part in an orgy. The front-page headline read "F1 boss has sick Nazi orgy with five hookers."

In court, Mosley argued that British law had failed to protect his personal privacy, which infringed on his human rights.

No violation

But the seven judges ruled that there had been no violation of Article 8 of the European Convention on Human Rights, which protects private and family life.

The News of the World
The News of the World is known for reporting celebrity scandalsImage: picture alliance/dpa

The court said that the European Convention on Human Rights "does not require media to give prior notice of intended publications to those who feature in them."

It added that privacy in Britain was sufficiently protected by a number of legal defenses, including access to civil courts for damages claims.

Mosley, 70, already won a privacy case against the News of the World in the British courts, where he was awarded a payout of 60,000 pounds (69,000 euros, $99,000).

Relief for British media

Although Mosley has the right to appeal, the British media will breathe a sigh of relief at the ruling amid growing concerns for press freedom.

There is mounting anger in British media organizations following the issue of a number of privacy orders or "super-injunctions."

The super-injunctions are granted by courts to prevent newspapers from printing stories about figures in the public eye. They not only prevent a story from being published, they also deny anybody the right to mention that an injunction exists.

Last month, British Prime Minister David Cameron revealed that he felt "uneasy" about some of these injunctions.

Cameron said he was concerned that judges were using human rights legislation "to deliver a sort of privacy law." He added that it should be up to parliament to decide on the balance between press freedom and privacy.

Author: Charlotte Chelsom-Pill (AFP, Reuters, AP)
Editor: Nancy Isenson