Max Mosley loses "prior notification" bid
10 May 2011

Former motorsport chief Max Mosley has failed in his bid to to impose a legal duty of “prior notification” on the press. Mosley brought a case in front of the European Court of Human Rights after UK newspaper the News of the World published details of his sex life.

Victory for Mosley would have meant that media outlets would have been required to contact subjects of stories prior to publication. But there were fears that such a step would lead to a rise in interim injunctions barring publication.

In a ruling published this morning, the Strasbourg court judges noted that:

having regard to the chilling effect to which a pre-notification requirement risks giving rise, to the significant doubts as to the effectiveness of any pre-notification requirement and to the wide margin of appreciation in this area, the Court is of the view that Article 8 [the right to privacy] does not require a legally binding pre-notification requirement.

Case of Mosley v. the United Kingdom

3 responses to “Max Mosley loses “prior notification” bid”

  1. […] with individuals’ right to privacy. Cases such as Von Hannover v Germany, MGN v United Kingdom, Mosley v United Kingdom have all been key in the definitions of public sphere, public interest and privacy, seen the […]

  2. […] notification to anyone they might be planning to write or broadcast about. His application was resoundingly thrown out by the European court of human rights – Index on Censorship was among those objecting to the […]

  3. […] decision has been welcomed by the media and by free speech campaigners (see, for example, Index on Censorship).   The emphasis on the “margin of appreciation” – the latitude allowed to […]