AMP v Persons Unknown [2011] EWHC 3454 (TCC) (20 December 2011)

AMP v Persons Unknown [2011] EWHC 3454 (TCC) (20 December 2011)

The claimant has a reasonable expectation of privacy in relation to the images, and the balance of rights under Articles 8 and 10 falls strongly in favour of protecting her privacy. The conduct of disseminating the images amounts to harassment under the Protection from Harassment Act 1997. An interim injunction is justified to prevent further distribution and indexing of the images, and anonymity is necessary to protect the claimant's interests.

Citation
[2011] EWHC 3454 (TCC)
Parties
Claimant: AMP; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
20 December 2011
Procedural Posture
Interim Injunction Application / Interim Relief Before Trial
Outcome
Interim injunction granted
Legal Topics
Right to Privacy, Freedom of Expression, Interim Injunctions, Bit Torrent Technology, Anonymity Orders
Privacy Harassment Human Rights Technology Law Right to Privacy Freedom of Expression Interim Injunctions Bit Torrent Technology +1 more

Case Brief

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Parties

AMP

Claimant

Persons Unknown

Defendant

Procedural Posture

Interim Injunction Application / Interim Relief Before Trial

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction to prevent transmission, storage, and indexing of certain photographic images
  2. 2 Whether the claimant's right to privacy under Article 8 is engaged and outweighs Article 10 rights
  3. 3 Whether conduct amounts to harassment under the Protection from Harassment Act 1997

Ratio Decidendi

The claimant has a reasonable expectation of privacy in relation to the images, and the balance of rights under Articles 8 and 10 falls strongly in favour of protecting her privacy. The conduct of disseminating the images amounts to harassment under the Protection from Harassment Act 1997. An interim injunction is justified to prevent further distribution and indexing of the images, and anonymity is necessary to protect the claimant's interests.

Court Disposition

Interim injunction granted

Orders

  • Persons unknown must immediately cease seeding any BitTorrent containing any part or parts of the files listed in Schedule C of the Order.
  • Persons unknown must not upload or transmit to any other person any part or parts of the files listed in Schedule C of the Order.