Rights of privacy and freedom of press had been clashing too often nowadays, with newspapers becoming more and more aggressive in their news hunting and celebrity chasing zeal. Lord Spencer said, his sister was hunted by the media, in a glaring example of celebrity intimidation. Starting from Princess Diana in recent years, almost every celebrity of all countries has complained against encroachment to their privacy. It is difficult to forget a photograph of sleeping David Beckham obtained through the keyhole. Celebrity gossip could provide much needed excitement for ordinary folk, a better sale for the newspaper group, and sometimes, a greater publicity for the celebrity, who, while decrying that his privacy was mutilated, could be secretly happy for the publicity. It also can have very negative effect on celebrities, their families, and relationship, or make them lose their image and mental peace. All these arguments were upheld by the High Court in 2002. The court had to pronounce the verdict keeping in mind The Human Rights Act of 1998 where protection of privacy is one of the basic human rights and the much publicised Data Protection Act, 1998. Naomi, who was discovered by an agent as a teenager, rose to dizzy heights in modelling and earned millions and had been an effective role model. She has always lived in the eye of publicity; but over the years had been arrested thrice on assault charges including for her attack on a drug counsellor, in New York, and assault. by throwing a phone at her housekeeper1. Her career had been chequered with a few ups and downs, most of the problems being self created. These never harmed her popularity as a celebrity. On 14th November 2000, she was hailed as model citizen ‘fundraiser, entrepreneur, serenity incarnate’ in a book2.
All the judgements of all three courts have worked to answer the famous line; ‘restraint or revelation?’ It has become the bounden duty of judges in all member states to adhere to the individual freedom under Human Rights.
“Under the new Human Rights Act (1998) (HRA), judges are already deciding how a right to privacy (Article 8) will impact on the right to freedom of expression (Article 10)”. http://www.spiked-online.com/Articles/00000006DAC7.htm
According to Article 8 (Respect for Private and Family Life) of Human Rights Act, “Everyone has the right to respect for his private and family life, his home and his correspondence