The ‘Nazi’ orgy that never was

Posted on July 26th, 2008 by bryan.
Categories: General.

Max Mosley has won his right to privacy claim against the News of the World (NW). Personally, I’m not an S&M fan, but I do think lawful actions between consenting adults are and should remain private affairs.

I was interested in two aspects of the case. First, the fact that NW was ordered to pay only £60K in compensatory damages, even though it probably earned this and more from the story. There was no punitive element to the damages; therefore, there is limited deterrence from publishing in the future material that might amount to a breach of privacy.

Second, there was this quote from the BBC News website: ‘[Mr Mosley] told the court that the publicity had been “totally devastating” for his wife of 48 years, and he could think of “nothing more undignified or humiliating” for his two sons to experience’ (24 July 2008). I can’t help but think that Mr Mosley should be more contrite about the impact of his own behaviour on his wife and sons - after all, but for him and his S&M orgy, there would have been no story.

Even Mr Justice Eady recognised this: ‘Many would think that if a prominent man puts himself, year after year, into the hands (literally and metaphorically) of prostitutes (or even professional dominatrices) he is gambling in placing so much trust in them. There is a risk of exposure or blackmail inherent in such a course of conduct’. He went on: ‘To the casual observer therefore … it might seem that the claimant’s behaviour was reckless and almost self-destructuve’.

But Mr Mosley and his lady friends were all happy during their time of initimate privacy and I wish him every success with his proposed libel action against NW.

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