Mosley’s EU privacy case could change journalism law

FORMER motor racing boss Max Mosley argued a tabloid that splashed lurid stories about his sexual exploits on the internet had a responsibility to warn him, as a European court heard a case that could change the face of British journalism.

Mosley won a privacy suit against the News of the World tabloid for its 2008 story claiming he participated in an hours-long Nazi-themed orgy with five prostitutes.

But, despite a payout from the paper, he has turned to the European Court of Human Rights, saying British courts must better protect personal privacy.

If Mosley wins, the court could require the British government to pass a law forcing the press to warn people about stories that could harm their privacy — and potentially allowing them to ask a court to prevent the material’s publication.

“If Mr Mosley had known the News of the World was going to publish a story about his sex life, he would have applied for an injunction to prevent publication,” Mosley’s lawyer Lord David Pannick told the Strasbourg based court.

“And an injunction would have been granted by the court. There is and could be no dispute about that.”

Media organisations argue such a change would violate their rights and be too difficult to put into practice.

On March, 30, 2008, Britain’s biggest-selling newspaper published a front-page story alleging Mosley, then president of the governing body that oversees Formula One racing, engaged in a sex session with prostitutes that involved beating, domination, and Nazi role play. Mosley acknowledged taking part in the orgy but denied it had any kind of Nazi theme.

The court is not expected to issue a ruling before six to 12 months. European Court of Human Rights judgements are legally binding but difficult to enforce.