Ferdinand v Mirror Group Newspapers
Encyclopedia
Ferdinand v Mirror Group Newspapers is a 2011 High Court
case in which the English footballer Rio Ferdinand
was unsuccessful in preventing the publication of a tabloid newspaper story revealing details of an alleged sexual relationship.
ran an article entitled "My Affair with England captain Rio", in which interior designer Carly Storey gave an account of an alleged relationship with Rio Ferdinand
. Ferdinand described the article as "gross invasion of my privacy" and brought legal action in which he sought damages and a worldwide injunction
against further publication. Ferdinand said that he had not met Ms. Storey for six years at the time of publication of the Sunday Mirror article, and had exchanged text messages
with her between that time and his appointment as captain of the England national football team
in February 2010. He claimed that there had been a misuse of private information. Ms. Storey received a payment of £16,000 for her interview with the Sunday Mirror, which had been sold to the newspaper after she had contacted the publicist Max Clifford
. Lawyers acting for Mirror Group Newspapers argued that he had been appointed as captain of the England football team on the basis that he was a "reformed and responsible" character. The case centred on whether the Sunday Mirror had a public interest defence based on Article 10 of the European Convention on Human Rights, which guarantees the right to freedom of expression, or whether Ferdinand was entitled to privacy in accordance with Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life
On 29 September 2011, Mr. Justice Nicol ruled in favour of the defendant, Mirror Group Newspapers, saying: "Overall, in my judgment, the balancing exercise favours the defendant's right of freedom of expression over the claimant's right of privacy."
Lawyers acting for Ferdinand issued a statement saying that he was "extremely disappointed" with the decision, and announced an intention to appeal. Costs in the case were estimated at around £500,000. Tina Weaver
, the editor of the Sunday Mirror, commented: "There has never been greater scrutiny of the media than now, and we applaud this ruling in recognising the important role a free press has to play in a democratic society."
Media commentators described the victory of the Sunday Mirror in the case as significant in the wake of the News International phone hacking scandal and the 2011 British privacy injunctions controversy
.
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
case in which the English footballer Rio Ferdinand
Rio Ferdinand
Rio Gavin Ferdinand is an English footballer. He plays at centre back for Manchester United in the Premier League and for the England national football team...
was unsuccessful in preventing the publication of a tabloid newspaper story revealing details of an alleged sexual relationship.
Background
On 25 April 2010, the Sunday MirrorSunday Mirror
The Sunday Mirror is the Sunday sister paper of the Daily Mirror. It began life in 1915 as the Sunday Pictorial and was renamed the Sunday Mirror in 1963. Trinity Mirror also owns The People...
ran an article entitled "My Affair with England captain Rio", in which interior designer Carly Storey gave an account of an alleged relationship with Rio Ferdinand
Rio Ferdinand
Rio Gavin Ferdinand is an English footballer. He plays at centre back for Manchester United in the Premier League and for the England national football team...
. Ferdinand described the article as "gross invasion of my privacy" and brought legal action in which he sought damages and a worldwide injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
against further publication. Ferdinand said that he had not met Ms. Storey for six years at the time of publication of the Sunday Mirror article, and had exchanged text messages
SMS
SMS is a form of text messaging communication on phones and mobile phones. The terms SMS or sms may also refer to:- Computer hardware :...
with her between that time and his appointment as captain of the England national football team
England national football team
The England national football team represents England in association football and is controlled by the Football Association, the governing body for football in England. England is the joint oldest national football team in the world, alongside Scotland, whom they played in the world's first...
in February 2010. He claimed that there had been a misuse of private information. Ms. Storey received a payment of £16,000 for her interview with the Sunday Mirror, which had been sold to the newspaper after she had contacted the publicist Max Clifford
Max Clifford
Maxwell Frank Clifford is an English publicist, considered the highest-profile and best-known publicist in the United Kingdom...
. Lawyers acting for Mirror Group Newspapers argued that he had been appointed as captain of the England football team on the basis that he was a "reformed and responsible" character. The case centred on whether the Sunday Mirror had a public interest defence based on Article 10 of the European Convention on Human Rights, which guarantees the right to freedom of expression, or whether Ferdinand was entitled to privacy in accordance with Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life
On 29 September 2011, Mr. Justice Nicol ruled in favour of the defendant, Mirror Group Newspapers, saying: "Overall, in my judgment, the balancing exercise favours the defendant's right of freedom of expression over the claimant's right of privacy."
Lawyers acting for Ferdinand issued a statement saying that he was "extremely disappointed" with the decision, and announced an intention to appeal. Costs in the case were estimated at around £500,000. Tina Weaver
Tina Weaver
Tina Weaver is a British newspaper editor.Weaver started her career at the South West News Service, then worked for the Sunday People from 1989 to 1992 before spending a year at the Daily Mirror, then joined Today. In 1994, she was named the Reporter of the Year for exposing Michael Jackson's...
, the editor of the Sunday Mirror, commented: "There has never been greater scrutiny of the media than now, and we applaud this ruling in recognising the important role a free press has to play in a democratic society."
Media commentators described the victory of the Sunday Mirror in the case as significant in the wake of the News International phone hacking scandal and the 2011 British privacy injunctions controversy
2011 British privacy injunctions controversy
The British privacy injunctions controversy began in early 2011, when London-based tabloid newspapers published stories about anonymous celebrities that were intended to flout what are commonly known in English law as super-injunctions, where the claimant could not be named, and carefully omitting...
.
See also
- CTB v News Group NewspapersCTB v News Group NewspapersCTB v News Group Newspapers is an English legal case between Manchester United player Ryan Giggs, given the pseudonym CTB, and defendants News Group Newspapers Limited and model Imogen Thomas....
- Human Rights Act 1998Human Rights Act 1998The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
- Misuse of private information in English lawMisuse of private information in English lawMisuse of private information in English law is a new tort that English courts recognised in the case Campbell v. MGN Ltd....
- Privacy in English lawPrivacy in English lawPrivacy in English law is a rapidly developing area of English law that considers in what situations an individual has a legal right to informational privacy, that is to say the protection of personal information from misuse or unauthorised disclosure. Privacy law is distinct from those laws such...
External links
- Mirror eludes Ferdinand offside trap, but it's no reprieve for 'kiss and tell' The Guardian, 30 September 2011.