Privacy - Cases
3 important questions on Privacy - Cases
Held Theakston v MGN Limited [2002]
· The Claimant had previously placed certain aspects of his love and sexual life in the press.
· Not all relationships of a sexual nature should be afforded the same quality of confidence.
· C did not stipulate that he expected confidentiality at the time.
Public interest as respectable public figure/children’s TV presenter
Pics merited special consideration as the details contained in them were likely to be of an especially intimate, personal and intrusive nature, and consequently
C’s right to keep the details contained in photos private outweighed the papers’ and the prostitutes’ rights of freedom of expression.
· Not all relationships of a sexual nature should be afforded the same quality of confidence.
· C did not stipulate that he expected confidentiality at the time.
Public interest as respectable public figure/children’s TV presenter
Pics merited special consideration as the details contained in them were likely to be of an especially intimate, personal and intrusive nature, and consequently
C’s right to keep the details contained in photos private outweighed the papers’ and the prostitutes’ rights of freedom of expression.
Issue DOUGLAS V HELLO! 2001-2008
Douglases attempted to gain an injunction to prevent the publication of unauthorized photographs (High Court granted, overturned by Court of Appeal)The Douglases and OK! Magazine claimed for: Breach of confidence, Breach of the Data Protection Act 1998, Invasion of privacy, Intention to damage and conspiracy to injure.[2]
Held DOUGLAS V HELLO! 2001-2008
1. The only successful claims were for breach of confidence and for the breach of the Data Protection Act.
2. The High Court granted an injunction but this was reversed by the Court of Appeal.
3. Brooke LJ ruled that the couple could not expect privacy at a wedding with 250 guests.
4. The case resulted in OK Magazine! being awarded £1,033,156.
2. The High Court granted an injunction but this was reversed by the Court of Appeal.
3. Brooke LJ ruled that the couple could not expect privacy at a wedding with 250 guests.
4. The case resulted in OK Magazine! being awarded £1,033,156.
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