Ferdinand v MGN Ltd – a landmark media win
The recent decision in the case between footballer Rio Ferdinand
and the Sunday Mirror is a landmark win for the media and
publishers in the protection of freedom of expression.
In April 2010, the Sunday Mirror published an article alleging
Mr Ferdinand's affair with Carly Storey. Mr Ferdinand brought a
claim against The Sunday Mirror for the misuse of private
information and breach of confidence.
Nicol J, sitting in the High Court, held that publication of the
article was justified because the story was in the public interest.
Mr Ferdinand has portrayed an image in recent years that he was a
reformed character and family man, the judge held that because of
this there was legitimate public interest in the publication of the
article as it sought to correct the false image that Mr Ferdinand
had portrayed of himself, further to this, it added to the
legitimate public debate relating to his suitability as England
captain.
The judge further held that the publication of details of Mr
Ferdinand and Carly Storey's early relationship, text messages and
a photograph did not excessively intrude into his private life.
comment
This is an important case for the media and publishers; it seeks
to redress the imbalance in recent years in favour of the
protection of an individual's privacy over the media and other
publishers' right to freedom of expression under Article 10. It
also reasserts the principle that the media and other publishers
are entitled to publish stories that are in the public
interest.
