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Thursday, 17 November 2011

Privacy award: Mosley gets €7,000 for 'orgy with five hookers'

Last week motor-racing mogul Max Mosley claimed a victory in the French Criminal Courts in his crusade against the now defunct News of the World newspaper for the infamous front page story 'F1 Boss has sick Nazi orgy with 5 hookers' in March 2008. See Kat posts on his previous crusades to the UK High Court and the then European Court of Justice here, here, here, here, here , here and here.

Mr Mosley's criminal claim was based on the distribution of approximately 3,000 copies of the News of the World in France. In addition to fine any payable to the state under French law, Mr Mosley reportedly also sought damages and interest of €100,000.

On 8 November 2011 the 17th Chamber of the Tribunal Correctionnel de Paris ordered News Group Newspapers to pay a fine of €10,000 for violating the 'intimacy of the private life' of Mr Mosley. This was because 'the images were recorded in a private place without ... consent' and the 'scenes are particularly intimate and intrusive'. News Group Newspapers were also ordered to pay €7,000 in damages and €15,000 in costs to Mr Mosley.

Speaking after the ruling, Mr Mosley’s lawyer Philippe Ouakrat said: 'It was very important for Mr Mosley to have the paper condemned in a criminal court as proves that the News of the World is a delinquent newspaper.' The fine, he said, was 'significant compared to the usual amounts against foreign newspapers in such cases in France'.

The IPKat wonders whether this case will start a trend for bringing claims for breaches of privacy in every jurisdiction in which a publication was distributed. If so, isn't pursuing the same privacy issue in several countries an abuse of the legal process?

Merpel (out of sheer curiosity and knowing nothing about these things, of course) speculates what Mr Mosley might do with his award of damages. With today's current Euro currency crisis, is €7,000 enough to host a half decent private 'orgy'?

5 comments:

Anonymous said...

Are the damages assessed on a lump sum basis, or is there a scale of 1,400 euro per hooker?

Anonymous said...

Apparently the €7000 works out at about €5 for each of the 1400 or so copies sold in France. If Mosley had got the same return for the 2.8 million copies sold in the UK he could have held the "party" to end all parties.

Meanwhile he and his allies have shut down the News of the World and are well on the way to punishing everyone involved in the paper's revelations.

It will be really interesting to see how this one plays out.

Anonymous said...

"With today's current Euro currency crisis, is €7,000 enough to host a half decent private 'orgy'?"

I have a feeling another Euro v Sterling flame war is going to start. Let's ease into this one, quantatively....

Anonymous said...

I have a feeling another Euro v Sterling flame war is going to start.

Considering that €7000 are now worth about 15% more in sterling than back in March 2008, Mr. Mosley's orgy purchasing power has indeed benefitted...

Anonymous said...

You ask if it is an abuse of process for a privacy claim to be brought in more than one country. But one would not ask that question in connection with a copyright or other IP claim. Surely it is the same principle? The English court awarded Mr Mosley damages but it did not take account of injury to him in other jurisdictions - nor, I think, could it have done so.

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