ECHR rejects Max Mosley privacy law challenge

The European Court of Human Rights (ECHR) has ruled that the media is not legally obliged to warn individuals in advance of publishing stories about their private lives. Although the court concluded that there is no legal requirement to give the subject of an article notice - and warned of the "chilling effect" this could have on the media - an amendment has been made to the Editor's Code requiring journalists to notify the subject of articles prior to publication, subject to a public interest exception.

The case was brought by ex-Formula 1 boss Max Mosley in his campaign to strengthen UK privacy laws after a news article published about him by the News of the World in 2008. Despite being awarded £60,000 in damages, Mosley brought a case to the ECHR alleging that his Article 8 right to a private and family life had been breached because the lack of advance warning of the story's publication meant he was unable to apply for a superinjunction.

Preiskel & Co head of media David Allen Green told Legal Week: "The ruling today does not change very much and it is easy to overestimate the importance of this case. The laws surrounding privacy will still stand and Mosley has still won his case, as shown by the damages previously paid out. However, it is disappointing the court did not go one step further and force newspapers to start notifying people before printing stories about their private lives. Superinjunctions are incredibly rare and very misunderstood, and do not mean that a story will necessarily be stopped. I understand that it is likely Mosley will appeal to the Grand Chamber."