Human rights—Right to respect for private and family life—Freedom of expression

European Court of Human Rights, Judge Garlicki (President), Judges Bratza, Mijovic, Bjorgvinnson, Hirvela and Bianku, and L Early (Section Registrar), 10 May 2011

The right to privacy under Art 8 of the European Convention on Human Rights does not require the imposition of a legal duty on newspaper to notify individuals in advance in order to allow them the opportunity to seek an interim injunction and thus prevent publication of material..

In March 2008, a newspaper published on its front page an article headed “F1 boss has sick Nazi orgy with 5 hookers”, referring to the applicant. It printed still photographs taken from video footage secretly recorded by one of the other participants in the sexual activities, who had been paid in advance to do so. An edited extract of the video as well as still images were also published on the newspaper’s website and reproduced elsewhere on the internet.

The applicant’s solicitors complained