Staff Profiles
Publication details for Professor Gavin Phillipson
Phillipson, G. (2009). Max Mosley goes to Strasbourg: article 8, claimant notification and interim injunctions. Journal of Media Law 1(1): 73-96.- Publication type: Journal papers: academic
- ISSN/ISBN: 1757-7632, 1757-7640
- Keywords: Privacy, injunctions, notification, free speech
- View online: Online version
- Durham research online: DRO record
Author(s) from Durham
Abstract
This article considers the argument made in the current application of Max Mosley to the European Court of Human Rights that Article 8 requires media bodies to notify potential claimants before stories that invade their private lives are run, in order to give them the opportunity to apply for an interim injunction. It argues that such relief is the only truly effective remedy for a threatened invasion of privacy and that at least in the context of UK law and the attitudes and culture of the British tabloid media, such a notification requirement is reasonably necessary. It contends that, given the safeguards in section 12 of the Human Rights Act, such a requirement would not amount to a disproportionate restraint on the Article 10 rights of the media.