Author: Iona Barron

High-profile media disputes like Prince Harry, Elton John and Elizabeth Hurley taking on Associated Newspapers (publishers of the Daily Mail and the Mail on Sunday) often dominate headlines, but these cases are about far more than celebrity culture.

At their core is a question that sits at the heart of both modern journalism and reputation management: when does reporting in the public interest cross the line into unlawful intrusion?

In England and Wales, the answer depends less on who and how prominent the subject is and more on what is being reported and why. This article delves into the fundamentals of privacy law, and how the courts handle disputes.

What makes information “private”?

The first question is whether the individual had a reasonable expectation of privacy.

Courts look at factors such as:
- The type of information involved (for example, personal communications or family matters).
- How the information was obtained.
- Whether the information was already in the public domain.
- The surrounding context.

Notably, being a public figure does not remove privacy rights altogether. The settlement between Prince Harry and News Group Newspapers has reinforced that even well-known individuals may retain strong privacy protections, particularly in relation to personal communications.

Public interest v public curiosity

If information is private, the next question is whether publication is justified in the public interest.

This is often misunderstood. Public interest is not what the public finds interesting. Instead, it may include exposing wrongdoing, correcting misleading statements or contributing to genuine public debate. It does not include publishing private details simply because they attract attention.

Courts focus on why the press chose to publish the information, not just the fact that they did.

Privacy v defamation

Privacy and defamation claims often arise together, but they protect different interests. Defamation addresses false statements that seriously harm reputation. Privacy law frequently concerns true information that should not have been published at all.

Accuracy alone is not a guarantee of a defence.

How do the courts approach privacy?

Privacy laws have largely developed through the courts, shaped by the fundamentals of human rights law. Two rights are at the centre of the privacy debate:
- Article 8 of the European Convention on Human Rights, protecting private and family life.
- Article 10 of the European Convention on Human Rights, protecting freedom of expression.

Neither right automatically prevails. Courts must balance the two on the facts of each case, weighing the individual’s expectation of privacy against the publisher’s justification for disclosure. This approach underpins claims for misuse of private information.

Practical takeaways

For public figures:
1. Selective disclosure can weaken later privacy claims.
2. Context matters and being in the public eye does not eliminate your right to a private life.
3. Acting quickly and seeking legal advice is crucial when privacy is threatened.

For publishers:
1. Be clear about the public interest justification, not just the story’s appeal.
2. Treat private communications with particular caution.
3. Ensure publication is proportionate.

Cases such as Prince Harry’s illustrate how courts continue to scrutinise the methods used to obtain information, not just the information itself. The outcome is significant for anyone navigating the boundaries of privacy in the age of social media and digital journalism.

There is no hard line between public interest and personal privacy. For publishers and public figures alike, the message is the same: legality depends not only on what is published, but why and how.

How Brandsmiths can help

Our team can support you with:
- Any privacy concerns and the misuse of private information.
- Reputation management and ensuring you control the narrative.
- Harassment by publication.
- Libel, slander and taking action against false and damaging allegations.
- Pre-publication advice to prevent reputational harm.

To discuss your queries in more detail, book a free legal consultation with our media team.