Q. Although no doubt interesting to the public, could the publication of details of Max Mosley's private life ever be said to be a matter of genuine public interest?
A. Everyone has a right to privacy under Article 8 of the European Convention on Human Rights and this right extends to our most private and intimate lives. However, this right can be disregarded where it is considered to be in the public interest to do so: for example, where it was in the interests of national security, or for the prevention of crime or the protection of morals.
Here, the newspaper argued that Mr Mosley's right to privacy was outweighed by the greater public interest in disclosure because of the Nazi theme of the proceedings. The Judge actually agreed that, had Mr. Mosley been parodying Holocaust horrors, it could be in the public interest to reveal that to his employers as such behaviour would call into question his ability to deal with people of all races and religions; something he is required to do in his role as the Head of Motorsport. However, the Judge found that there was not a Nazi theme and he therefore gave judgement in favour of Mr Mosley.
Critics of the decision point out that it interferes with freedom of expression. However, a balance has to be struck between press freedom and the right to a private life and as the Judge stated in his decision, "Freedom of expression can no longer be regarded as simply "trumping" any privacy rights". Clearly, those sections of the media who in the past have tended to confuse what's in the public interest with what's actually in their own interests will have to be more careful.
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