Weller & Ors v Associated Newspapers Ltd [2015] EWCA Civ 1176 (20 November 2015)

Weller & Ors v Associated Newspapers Ltd [2015] EWCA Civ 1176 (20 November 2015)

Children, even in public places, may have a reasonable expectation of privacy regarding publication of their images, especially when parents have not courted publicity and the publication does not contribute to a debate of general interest. The balancing exercise favours Article 8 rights where publication would be harmful or intrusive, and foreign law permitting publication does not override English privacy protections.

Citation
[2015] EWCA Civ 1176
Parties
Claimants/respondents: Weller and Ors; Defendant/appellant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
20 November 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; original judgment upheld
Legal Topics
Misuse of Private Information, Data Protection, Children's Rights, Freedom of Expression, Reasonable Expectation of Privacy
Privacy Law Media Law Human Rights Misuse of Private Information Data Protection Children's Rights Freedom of Expression Reasonable Expectation of Privacy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Weller and Ors

Claimants/respondents

Associated Newspapers Limited

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether publication of photographs of children taken in a public place gives rise to a reasonable expectation of privacy
  2. 2 Effect of foreign law (California) on privacy assessment
  3. 3 Balancing Article 8 (privacy) and Article 10 (expression) rights

Ratio Decidendi

Children, even in public places, may have a reasonable expectation of privacy regarding publication of their images, especially when parents have not courted publicity and the publication does not contribute to a debate of general interest. The balancing exercise favours Article 8 rights where publication would be harmful or intrusive, and foreign law permitting publication does not override English privacy protections.

Court Disposition

Appeal dismissed; original judgment upheld

Orders

  • Injunction restraining further publication of the photographs
  • Damages awarded to claimants