was a House of Lords decision regarding human rights and

privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of a ...

in English law.

Facts

The British model Naomi Campbell was photographed leaving a rehabilitation clinic after public denials that she was a recovering drug addict. The photographs were published in the '' Daily Mirror'', a publication owned by MGN. Campbell sought damages under the English law through her lawyers

Schillings Schillings (originally Schilling & Lom) is an international reputation and privacy consultancy staffed by reputation, privacy and family lawyers, risk consulting, cyber security and intelligence specialists. The company is an Alternative Busin ...

, which engaged Richard Spearman QC and instigated a claim for

breach of confidence The tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are ...

by engaging Article 8 of the Human Rights Act. That would require the court to comply with the European Convention on Human Rights (ECHR). The claim sought a ruling that the English tort action for breach of confidence, subject to the ECHR provisions upholding the right to private and family life, would require the court to recognise the private nature of the published information and to hold that there was a breach of her privacy. Rather than challenge the disclosure of the fact she had been a drug addict, Campbell challenged the disclosure of information about the location of her Narcotics Anonymous meetings and the pictures that were used. The photographs, they argued, formed part of that information, would be a deterrent to her seeking further medical treatment and others would be discouraged from entering in to medical treatment at the clinic if they knew that their image might appear in the press.

Judgment

First instance

In the High Court, MGN was found liable and Campbell was awarded £2,500 in damages, plus £1,500 in aggravated damages. MGN appealed.

Court of Appeal

The court of appeal found that MGN was not liable and that the photographs could be published as they were peripheral to the published story and served only to show her in a better light. It was within journalists' margin of appreciation to decide whether such "peripheral" information should be included. Campbell appealed on the basis of '' inter alia'' that the aforementioned breach of confidence had occurred and was subject to human rights principles of privacy.

House of Lords

The House of Lords held MGN liable by majority vote, with Lords Nicholls and Hoffmann dissenting. Baroness Hale, Lord Hope and Lord Carswell held that the picture added something of 'real significance'. The court engaged in a balancing test by firstly determining whether the applicant had a reasonable expectation of privacy (thus determining whether Article 8 was involved). It then considered whether, if the claimant was successful, that would result in a significant inference with freedom of expression (balancing Article 8 with Article 10). It was held that Campbell's right to privacy (Schedule 1, Part I, Article 8) outweighed MGN's right to freedom of expression (ECHR Article 10). Lord Hoffmann and Lord Nicholls dissented on the grounds that as the ''Mirror'' was allowed to publish the fact that she was a drug addict and that she was receiving treatment for her addiction that printing the pictures of her leaving her NA meeting was within the margin of appreciation of the editors, as it was allowed to state that she was an addict and receiving treatment for her addiction. Lord Nicholls observed that "confidence" was an artificial term for what could more naturally be termed "privacy". Lord Hope of Craighead noted that a duty of confidence arises wherever the defendant knows or ought to know that the claimant can reasonably expect their privacy to be protected and so approved '' A v B plc''. If there is doubt, the test "what is highly offensive to a reasonable person" in the plaintiff's position,at 2/ref> can be used for guidance.

Baroness Hale Brenda Marjorie Hale, Baroness Hale of Richmond, (born 31 January 1945) is a British judge who served as President of the Supreme Court of the United Kingdom from 2017 until her retirement in 2020, and serves as a member of the House of Lords ...

stated:

Aftermaths

In English courts, MGN Limited was ordered to pay her success fee. MGN Limited appealed the order to European Court of Human Rights. ECtHR finally ruled that the recoverable success fee violated Article 10 of the European Convention on Human Rights.

Notes

References

External links

Bailli: Official TranscriptCampbell v MGN Ltd (Costs)MGN Ltd v United Kingdom (39401/04)
{{English law types English tort case law English privacy case law House of Lords cases 2004 in case law 2004 in England Reach plc United Kingdom privacy case law 2004 in British law United Kingdom constitutional case law