Newspaper publishing sex video stills

Julie Reilly

Super Member
Registered
Joined
May 21, 2011
Messages
238
Reaction score
13
Location
Should be writing
Is it legal for a British newspaper to publish still pictures of a celebrity from a sex video if private parts are censored out?

And would the person depicted in the video have the right to sue, as they did not give permssion for their pictures to be used?

If it is illegal to publish the pictures, can the paper still run the story but without the pics?
 

shaldna

The cake is a lie. But still cake.
Super Member
Registered
Joined
May 12, 2009
Messages
7,485
Reaction score
897
Location
Belfast
Two words:

Super injunction
 

PinkAmy

New kid, be gentle!
Super Member
Registered
Joined
Nov 21, 2010
Messages
2,758
Reaction score
423
Location
Philadelphia
Aren't many of the newspapers in England tabloids? I know Tom Cruise has successfully sued the London tabloids for saying he was gay when he says he isn't. There have been interviews with supposed ex-male lovers in those papers. As for pictures, I think those papers push the envelope as far as they can go. I would suspect that printing the pixelated pictures and all the sales that would garner would be a better financial deal, even if it meant paying off a lawsuit than not printing them at all.
 

areteus

Super Member
Registered
Joined
Jun 4, 2011
Messages
2,636
Reaction score
183
Location
Manchester UK
Without an injunction like above - possibly. In fact I am sure some have in the past (you may have to spend some time dirtying yourself and looking through the archives of the News of the World, the Sun and so on... god have mercy on your soul... you'll probably see examples of this). Remember, you need to get the injunction in place before they publish and until you get that in place...

They can sue for libel but if you have photos of them doing it, its not really libel.

For general decency they would have to censor the images but CCTV footage is grainy anyway and so often censors itself - which may also give the person being caught on camera a 'reasonable doubt' on which to build a libel case (as a civil matter, you don't need the same 'beyond reasonable doubt' standards of evidence you'd need in a criminal court).

So, if it suits the story, then yes they can publish (they may get in trouble for it but that has not stopped many tabloids in the past).
 

areteus

Super Member
Registered
Joined
Jun 4, 2011
Messages
2,636
Reaction score
183
Location
Manchester UK
Aren't many of the newspapers in England tabloids? I know Tom Cruise has successfully sued the London tabloids for saying he was gay when he says he isn't. There have been interviews with supposed ex-male lovers in those papers. As for pictures, I think those papers push the envelope as far as they can go. I would suspect that printing the pixelated pictures and all the sales that would garner would be a better financial deal, even if it meant paying off a lawsuit than not printing them at all.

Many, yes, all no... there are actually a few very good papers out there (though some of them are slipping a little). There are broadsheets still (though many of them have started to print in a tabloid format they are still broadsheets in attitude) - The Times, The Guardian etc.

The Tom Cruise example works because there was no evidence either way - it is therefore libel. It comes down to their word against his and the school yard politics of journalism usually ends with the celeb winning unless the journalist produces really good evidence... however, in a case where the paper has a photo of the person doing it... thats more difficult to prove they are wrong.

Oh, I do beleive that it is usual for newspapers that have something like this to approach the person involved and ask for a comment before they publish - something they can add to the story. This might be the night before and the conversation might be along the lines of...

"Hello, I am XXXXX from the News of the World. We have recently come into possession of photographs of you and XXXX in a swimming pool in Barbados earlier this month. have you anything to say about this turn of events? If you give your side of the story, I am sure we can paint these events in a slightly more forgiving light..."

Of course... in a fiction story, there is nothing to stop a really dodgy journalist trying for blackmail here :)
 

Priene

Out to lunch
Super Member
Registered
Joined
Aug 25, 2007
Messages
6,422
Reaction score
879
Is it legal for a British newspaper to publish still pictures of a celebrity from a sex video if private parts are censored out?

Probably not these days. Twenty years ago, they could have done it without any comeback, but article 8 of the European Convention on Human Rights provides a right to privacy. Max Mosley won £60k by suing the News of the World for reporting, truthfully, that he had taken part in a sado-masochistic orgy and alleging, untruthfully, that it had had a Nazi theme.

Suing for libel has recently become unfashionable due to the ease of using privacy legislation. Superinjunctions are used to stop publication in advance, but courts can be used to sue after the event.
 

shaldna

The cake is a lie. But still cake.
Super Member
Registered
Joined
May 12, 2009
Messages
7,485
Reaction score
897
Location
Belfast
As mentioned above, 99% of the time the paper will try to contact the person involved for a quote before they break the story. Chances are your MC would be contacted, or her representatives would be contacted. This is the point she gets her lawyers on the phone.

If she doesn't know the tape exists, then she can probably take action against the person who made it on the grounds of voyuerism.