In the Case of Mosley v. The United Kingdom
European Court of Human Rights
48009/08 [2011] ECHR 774 (2011)
- Written by Sean Carroll, JD
Facts
Max Mosley (plaintiff) was a well-known Formula 1 personality and a resident of Monaco. A British newspaper published a story about various sexual activities in which Mosley was engaged one evening. The article’s headline was “F1 boss has sick Nazi orgy with 5 hookers.” The article included still photographs from a video taken, unbeknownst to Mosley, by one of the participants in the sexual activities. The article also included a link to a website containing portions of the video. Mosley sued the newspaper in the United Kingdom for violating his privacy. The British court ruled that there was no evidence of Nazi ties to the sexual activities and thus ruled partially in Mosley’s favor. Nonetheless, Mosley filed an application against the United Kingdom (defendant), alleging that the British court had violated his right to respect for his private life under the European Convention for the Protection of Human Rights and Fundamental Freedoms (the convention). Specifically, Mosley argued that the court had violated the convention by not requiring the newspaper to have notified Mosley of the impending publication prior to its publication.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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