High Court ruling to protect Canadian folk singer follows Von Hannover v Germany

March 2006

Artists, publishers

In the clearest statement yet that the UK courts will follow the precedents of the European Court of Human Rights when looking at the right to individual privacy under Article 8 of the HumanRights Act 1998 (and the European Convention for Human Rights) Mr Justice Eady issued an injunction against publication of a book about Canadian folk singer Loreena McKennitt and awarded damages of £5,000 against Neima Ash, the author of Loreena McKennit, My Life as a Friend. Ash had been a close friend and confidante of McKnnitt for over 20 years but following the precedents set in the ‘Princess Caroline’ case Mr Justice Eady made it clear that even celebrities has ‘the legitimate expectation to have their private lives protected’ and just because events could have been witnessed in a public place does not make them any less private. There would need to be a high level of misbehaviour before the courts would apply the ‘public interest’ defence for publishers showing how far the law has moved to protect privacy at the expense of press freedom to publish in the last few years.

The Guardian 13 February 2006 (from an article by Rupert Elliott)

Von Hannover v Germany see Music Law Updates Archive August 2004http://www.musiclawupdates.com/04Augustlawupdates.htm

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