Max Mosley Wins Privacy Action for Disclosure of Sadomasochistic Orgy

Formula One racing head Max Mosley has won a lawsuit in London alleging an invasion of privacy by News of the World for their release of pictures and a video of his sadomasochistic fantasy Nazi-themed party with prostitutes. He denied that the party had a Nazi theme, a view supported by the court. The newspaper was ordered to pay $120,000 plus his legal fees and costs.

The orgy video has received great attention around the world, click here. It received even more attention when one of the prostitutes turned out to be the wife of a Mi5 agent, click here.

At the time, we discussed the potential for a privacy lawsuit, which later materialized. Such claims are generally easier in England than in the United States. Courts in the United States allow an exception to the public disclosure of embarrassing private facts for newsworthy stories or matters of legitimate public interest. Intrusion upon seclusion does not generally have such an exception. Moreover, the New York Times v. Sullivan test makes it more difficult for celebrities to sue in the U.S. — though in this case truth is a defense that would have made it difficult in any case (Mosley is not arguing that the video put him in false light or that the reports were false).

High Court judge David Eady ruled that the 68-year-old racing boss “had a reasonable expectation of privacy in relation to sexual activities (albeit unconventional) carried on between consenting adults on private property.” Unconventional hardly captures this particular fetish, but the British are known for being a bit understated.

For the full story, click here.