Mosley v News Group Newspapers Ltd

The claimant, Max Mosley, had been President of the Fédération Internationale de l'Automobile since 1993 as well as being a trustee of its charitable arm the FIA Foundation. This was accompanied by the sub-heading "Son of Hitler-loving fascist in sex shame". Mosley was the son of Oswald Mosley, who was the leader of the 1930s British Union of Fascists. Mosley relied upon an action based upon breach of confidence or the unauthorised disclosure of personal information rather than defamation. Mosley claimed that sexual or sadomasochistic activities were inherently private in nature and that their portrayal was an invasion of privacy by reason of a pre-existing relationship of confidentiality between the participants. ==Judgment==

Mosley's case relied in part on the ruling in the case McKennitt v Ash where there was "breach of confidence by way of conduct inconsistent with a pre-existing relationship, rather than simply of the purloining of private information". However, Justice David Eady also stated "The law now affords protection to information in respect of which there is a reasonable expectation of privacy, even in circumstances where there is no preexisting relationship giving rise of itself to an enforceable duty of confidence". The News of the World also took an exclamation by one of the women "Brunettes rule!" as a reference to Nazi racial policies. Justice Eady suggested that equating everything German with Nazism was offensive. He concluded that there was nothing specific to the Nazi period about the medical examination or the fact that the claimant had his head shaved. Eady also concluded that the use of an English weakened the suggestion that there was a Nazi element to the incident. Eady suggested that the prison uniforms did nothing to identify the Nazi era. Missing e-mails The News of the World placed weight on the fact that one of the prostitutes (Woman "A") deleted e-mails prior to the trial. Allegation of criminality Justice Eady rejected the argument that Mosley could be said to have committed a crime under the Offences against the Person Act 1861 on himself. ==Case==

Mosley challenged the publication of details of his private life under Article 8 of the European Convention on Human Rights in respect to the headline, which read "F1 boss has sick Nazi orgy with five hookers". The defendant argued that the newspaper's right to freedom of expression should prevail because of the public interest in knowing the individual was involved in Nazi roleplay and that irrespective of the Nazi element, the public had a right to know since the individual was FIA President. However the court ruled that "there was no evidence that the gathering of 28 March 2008 was intended to be an enactment of Nazi behaviour or adoption of any of its attitudes. Nor was it in fact". However, there was "no genuine basis at all for the suggestion that the participants mocked the victims of the Holocaust". Mosley was awarded damages of £60,000 (about $92,000) from the case, and the court ruled that there was no evidence of a Nazi element to the sex act. ==Criticism==

The case has been criticised due to concerns that it may have a chilling effect on investigative journalism. Media lawyer Mark Stephens expressed such sentiments after the judgment and noted the hefty price that newspapers would pay for getting a "public interest" decision wrong. Newspapers criticised the judgment, The Sun describing it as "a dark day for British freedom" and a step towards "a dangerous European-style privacy law". However, lawyer Dan Trench argues that the level of damages awarded in privacy cases will not deter publication, and the judgment has been met with approval by some commentators and referred to with approval in the Supreme Court in PJS v News Group Newspapers Ltd. ==Significance==

Giving his reaction to the judgment, Mosley stated, "I am delighted with that judgment, which is devastating for the News of the World. It demonstrates that their Nazi lie was completely invented and had no justification". Mosley stated that his intention to pursue further libel actions in France, Germany and Italy, where newspapers reprinted images of him engaging in sex acts. In France, criminal proceeding against News Group Newspapers Ltd resulted in a fine of €10,000, plus damages of €7,000 and €15,000 costs for Mosley. Injunction In April 2008, immediately after publication of the story, Mosley's lawyers asked the News of the World to remove the video of him and the five prostitutes from its website. The newspaper did so, but then put it back. Mosley then sought an injunction to prevent the republication of the video. However, he was denied as Justice David Eady concluded that the video was too widely available for the injunction to serve any purpose. In July 2008, Justice Eady granted a permanent injunction, restraining News Group Newspapers from showing the video. Libel In April 2009, a libel action was brought against News Group Newspapers Limited. Impact on role as FIA President The allegations made by the News of the World led to an "unofficial" agreement between the FIA and FOTA (Formula One Teams Association, by far the most powerful and globally-significant organization that interacts with the FIA) for Mosley to stand down from his role as president at the end of his current term. Many within the Formula 1, WTCC, WRC etc. communities had long been unhappy with Mosley's style of governance and used the Nazi aspects of the story to attempt to oust him from office. Although Mosley claimed that his sexual activities did not affect his role as president, his critics produced evidence in the form of official requests from a number of national governments to Mosley that he must not attend planned events, which indicated that he had clearly lost what little respect remained to him within the global motor-sport community. To the majority of the motor-racing community, fans, and journalists, the sexual revelations acted as a final nail in Mosley's coffin since they followed substantial allegations of corruption, championship fixing and unintelligible decisions, mostly in regard to Formula One that were made by Mosley personally and by the FIA under his watch. Mosley was eventually replaced by the former Ferrari team principal Jean Todt in 2009. ==Application to European Court of Human Rights==

On 29 September 2008, solicitors on behalf of Mosley filed an application to the European Court of Human Rights. He claimed that the UK's failure to legislate to prevent newspapers printing stories regarding individual private lives without first warning the individuals concerned was a breach of his rights under Articles 8 and 13 (the right for an effective remedy). The court ruled against him, finding that it fell within each state's margin of appreciation to determine whether to legislate on that matter.{{cite news |url=https://news.bbc.co.uk/1/hi/programmes/law_in_action/7908046.stm ==See also==