The Woman Who Was Actually Dancing On The Car Believes That This Is A Breach Of Privacy Rights

Question 3

The woman who was actually dancing on the car believes that this is a breach of her privacy rights, in some cases this can be true. In the UK case of Campbell vs MGN, where the Mirror Newspaper published a story revealing that Naomi Campbell admitted to being a drug addict and attended a support group, this would be a breach of her privacy rights. Through the conclusion of this case, “the House of Lords accepted that the publication of a photograph of someone which reveals the subject to be in a situation of humiliation or severe embarrassment, even if it is taken in a public place, may be an infringement of the privacy of his or her personal information”, (Murphy and McGuinness, 2011, p.164). In this respect, the photo could be a violation of the woman’s rights because this would a situation of humiliation. This woman was out in town, had clearly had too much drink and was smoking a joint. She was in a vulnerable state and would not have been expecting people to take photos of her. Had she known that the original photographer

The photograph was digitally manipulated in order to make this woman look like Sober, so the actual woman cannot claim privacy rights because the photo no longer looks like her. This is not a privacy defamation case because the identity of the woman would not be recognised in the paper due to the alterations made to the photograph. In the case of Theakston vs MGN, where photos were taken of TV presenter, Jamie Theakston, at a brothel in 2002, the British court “allowed publication of the information about his visit, it granted an injunction over the photographs, on the grounds that they were more intrusive into a person’s private life than was justifiable”, (Carey, 2010, p.116). The publication of these photos would be a breach of Theakston’s legal right of privacy as those he knows will be able to recognise him in these