20 May 2005

Law Now

http://www.law-now.com

Zeta Jones & Douglas v Hello!

Everyone will recall the glamorous couple Michael Douglas and Catherine Zeta-Jones, more used to red carpets than courtrooms, fighting for their privacy over wedding photos sold to Hello! The couple sold exclusive rights of their wedding to OK! for £1m in order to retain control over the media and their privacy. The Claimants based their claim on breach of confidence, breach of privacy and breach of the Data Protection Act. Aside from the celebrity angle, this case has attracted much attention because it has tested the bounds of the right to privacy, introduced in 2000 by the Human Rights Act.

Commercial exploitation of privacy or "image rights"?

The Court of Appeal ruled that whilst Hello! had breached the Douglases' confidentiality, that confidentiality did not extend to OK!, the third Claimant. OK! had no cause of action against Hello! for breach of commercial confidence. The decision will come as a blow to magazines and newspapers wishing to protect their exclusive rights to stories and is a victory for those running 'spoilers'. The judgment raises important points regarding the extent to which the law of confidence can be used to protect the commercial exploitation of privacy or "image rights".

Right to privacy £ is there or isn't there?

Following the approach in the European Court of Human Rights case of von Hannover, the Court of Appeal affirmed that the courts in England and Wales have a duty under the Human Rights Act to protect the privacy of an individual from an unjustified invasion of privacy by another. The Court of Appeal further affirmed that the courts will do this through developing the common law duty of confidence. The Court of Appeal also indicated that, in certain circumstances, injunctions for breach of confidence should be granted by the courts more readily.

For a more detailed review of the judgment, please click on or copy and paste the following link:

http://www.law-now.com/CS2000/internet/EN/co50law-now/co55archive/2005/douglasvhelloltd.htm?section=email

For further information about this decision please contact :

Susan Barty on 0207 367 2542 or susan.barty@cms-cmck.com.

This article first appeared in Law-Now, CMS Cameron McKenna's free
online information service, and has been reproduced with their
permission. For more information about Law-Now, please go to
www.law-now.com.
Contact
Law-Now administrator
law-now.administrator@cms-cmck.com
Tel: 44 (0)20 7367 2106
Fax: 44 (0)20 7367 2000
CMS Cameron McKenna LLP Mitre House 160 Aldersgate Street, London EC1A 4DD
www.law-now.com
Copyright (C) 2005-7 CMS Cameron McKenna LLP. All rights reserved. Information may be shared; however,
reproduction in any medium requires our permission.

Jobs Now LEGAL DIRECTOR Sought for challenging in-house position with Myspace, the online space which has revolutionized the way people interact, as sole attorney in their London office More >> HEALTHCARE LAWYER With at least 5 years PQE sought by Capsticks, a leading healthcare practice, to drive forward the development of their Birmigham based office More >> PI PARALEGAL Required by Plexus Law, a specialist PI firm, to provide in-house support to the Motor Claims Department in their Folkstone offices More >> NETWORK ENGINEER Sought by Personnel 2000 for their client, an international banking insurance provider, based in the Cayman Islands More >> LEGAL SECRETARY Required by Law Choice for their client, a prestigious US law firm, to work for 2 partners in their Dubai offices More >>

Legalday Related Pages

Contact

Law Now
http://www.law-now.com

More Commentaries From
Law Now

Facebook Firsht
30 July 2008

Trustee Knowledge Update
19 February 2008

EU merger control: compensation for losses due to illegal prohibition decision
13 July 2007

More Commentaries from
Law Now

Author/Firm Profile
Law Now