Campbell v MGN Limited [2004] HL

Monday 10 May 2004 at 11:59 pm | In News | Post Comment

[Judicial creativity – breach of confidence extended to include misuse of private information]
C, Naomi Campbell, was photographed coming out of a drug clinic. D published in the “Mirror” misleading information together with the photograph.

Held: In this country, unlike the United States of America, there is no cause of action for ‘invasion of privacy’. The common law or, more precisely, courts of equity have long afforded protection to the wrongful use of private information by means of the cause of action, which became known as breach of confidence. A breach of confidence is unconscionable conduct, akin to a breach of trust. The essence of the tort is better encapsulated now as misuse of private information.

Miss Campbell’s claim was on the basis of breach of confidence, that is, the wrongful publication by the ‘Mirror’ of private information. Detailed information about her treatment for drug addiction amounted to private information, which imported a duty of confidence. There was a balance to be struck between her right to private life Article 8 of the European Convention on Human Rights and Article 10 the right to freedom of information

Lord Hope; “Despite the weight that must be given to the right to freedom of expression that the press needs if it is to play its role effectively, I would hold that there was here an infringement of Miss Campbell’s right to privacy that cannot be justified.”
Lady Hale: “Wainwright v Home Office [2003] … indicates that our law cannot, even if it wanted to, develop a general tort of invasion of privacy. But where existing remedies are available, the court not only can but must balance the competing Convention rights of the parties.”

C won.
Whole case here

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