Attend an evening with Andre Agassi
The ramifications could also affect “kiss-and-tell” stories in print and on television, and could give stars the power to veto photographs taken in public. Publishers and media organisation are now mounting a legal battle against the “backdoor” assault on freedom of expression.
Loreena McKennitt, whose albums including The Book of Secrets and The Mask and Mirror have sold 13m copies worldwide, went to the High Court in London to stop a former friend from publishing a book about her. While the details of the case are not judged to be important, it was what Mr Justice Eady said in his judgment that has exercised legal minds.
They fear that the most trivial or anodyne details about a celebrity’s life, even ones that are known to the public, could now be hidden under the guise of protecting privacy.
Times Newspapers (publishers of The Sunday Times), other newspaper groups, the Press Association, the BBC, BSkyB and a number of magazine publishers will go to the Court of Appeal on September 4 to seek permission to intervene in the case.
They also fear public figures such as politicians and celebrities will use the case in an attempt to muzzle information that has already been made public. One media lawyer said: “It would be like trying to make someone a virgin again.”
Literary and other public figures who have fought to block unauthorised biographies include JK Rowling, Bono, Mary Archer and Sir John Mortimer.
Eady awarded McKennitt £5,000 damages and an injunction preventing Niema Ash from Hampstead, northwest London, publishing specific passages in her book Travels With Loreena McKennitt: My Life as a Friend. These included such mundane matters as what was under the lino of the house in Ireland, how many bunk beds were put up when visitors came to stay and what happened when McKennitt was aroused from sleep.
But his judgment went much further. For the first time a British court drew on a 2004 ruling at the European Court of Human Rights that said photographs of Princess Caroline of Monaco shopping in a public place or in a swimming costume at a beach club breached her right to privacy. The judge claimed there was a “significant shift” taking place between, on the one hand, the right of freedom of expression and the corresponding interest of the public to receive information and, on the other hand, “the legitimate expectation of citizens to have their private lives protected”.
He said information about an affair between two people could be protected even if one of them decided to reveal it to the public; incorrect information could breach someone’s right to privacy; and the fact that something was already in the public domain did not always mean it could be published again.
Ash has lodged an appeal and the media organisations are seeking to join in the action when it is heard later this year.McKennitt has said in an interview: “Privacy is integral to people’s emotional and psychological wellbeing. It doesn’t matter if you are a so-called public figure.”
Media lawyers say the case has wider ramifications than the long-running one brought against a tabloid newspaper by Naomi Campbell, the supermodel. She won £3,500 damages from the Daily Mirror after it revealed her fight against drug addiction. The Court of Appeal overturned the award but the House of Lords then allowed the model’s appeal against that judgment, saying the newspaper had gone too far in detailing her medical treatment.
Under the Eady judgment, celebrities will be able to sue for breach of privacy over the slightest affront to their feeling of self-importance. They will not have to prove that something is untrue, but just that raising it has invaded their privacy.
A spokesman for the solicitors Farrer & Co said: “This judge has clearly recognised the development of privacy cases in Europe. This judgment will be much quoted in future ‘kiss-and-tell’ actions.”
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
1998
£47,955
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
Check your free Experian credit report before applying
Car Insurance
to £60K + bonus (OTE £90k)
Lord Search & Selection
Location Flexible
PwC’s Consulting practice helps businesses of all shapes
and sizes work smarter and grow faster.
£85k
CPA
Highly Competitve
Specsavers
Whiteley, near Southampton
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
7nts - Penang £499; Borneo £699; All Inclusive £799 including flights, taxes, accommodation and private transfers
For your ultimate tailor-made ski holiday, click here
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.