Photography, Mosley and Privacy

Posted by Philip Northeast Jul 28, 2008

A story, accompanied by pictures, revealed some unusual antics involving Mosley and a group of young women. Mosley argued it was a private affair and he is not a public figure so the publication of the story and photos were an unwarranted invasion of his privacy.

The News of the World argued it had a right, even a duty to expose the peccadillos of the rich and powerful as it is in the public interest. In this context, the term public interest is not the same as curiosity about the latest gossip, rather it relates to the public good. One of the basic tenants of a democracy is the public making informed decisions about people and policy. This formed on of the planks of the News of the World’s defense, as Mosley is an elected official and they claimed the story addressed his character and fitness to hold his position as head of the Federation International Automobile.

The High Court disagreed and ruled there was not sufficient public interest in revealing this part of Mosley’s private life. As Pierre Trudeau once said, “there's no place for the state in the bedrooms of the nation." Perhaps this goes for the News of the World as well.

Privacy in Public Places

The High Court ruling does not affect the current basic freedom of expression where photographers can captures images of things in the public view. While the paranoid may choose to believe in the existence of the mythical right to privacy whenever they see a camera, it is just that an urban myth. The essential foundation of the Mosley case is that the pictures were taken in a private place hidden from public view.