Ex-Formula One Boss Mosley Loses Human Rights Case Sparked by Nazi Story

By Heather Smith

Max Mosley, the former Formula One president whose privacy U.K. courts said was violated by the publication of a sex video, lost a bid to have British press rules deemed a violation of European human rights laws.

The European Court of Human Rights ruled today that Britain doesn’t have to force reporters to contact the subjects of potentially defamatory stories before publishing their work in order to protect people’s privacy. Such a requirement could have a “chilling effect” on the press, the court ruled.

“Any pre-notification requirement would only be as strong as the sanctions imposed for failing to observe it,” the Strasbourg, France-based court said in an e-mailed statement on the decision. “Although punitive fines and criminal sanctions could be effective in encouraging pre-notification, that would have a chilling effect on journalism.”

Mosley, who stepped down as head of Formula One’s ruling body in 2009, won a record 60,000-pound ($98,000) award in 2008 against News Corp. (NWSA)’s News of the World newspaper for publishing a story that said Mosley participated in a Nazi-themed sex party without contacting him for comment. A video was distributed on the paper’s website.

Mosley, who can appeal today’s decision to the Court’s Grand Chamber, didn’t immediately return calls to his office and mobile phone seeking comment on the ruling. His lawyers in London also didn’t respond to calls and e-mails for comment.

The European Court of Human Rights case is: Mosley v. the United Kingdom, no. 48009/08.

To contact the reporter on this story: Heather Smith in Paris at hsmith26@bloomberg.net

To contact the editor responsible for this story: Anthony Aarons at aaarons@bloomberg.net.


(2011-5-10/Bloomberg)