European challenge

Media lawyers Mark Stephens and Geoffrey Robertson QC are to lead a challenge to the European case being brought by Max Mosley.
Mosley is hoping to persuade the European Court of Human Rights that the media should be obliged to give prior notification to the subject of a story before publication. Prior notification, through a request for comment, is normal good journalistic practice but there are times when it is not appropriate; usually because the subject of the story will seek an injunction to prevent publication. It is a way that the wealthy and powerful can use their knowledge and position to prevent examination of their lives.
Mr Robertson said that it is a rule of the English Courts that you cannot get a pre-publication injunction where the press is prepared to defend, but he is concerned that the ECHR would not give this full consideration and put at risk one of the main freedoms of expression in the UK.
The challenge by a number of free speech campaign groups is welcome news. Whatever you think of the News of the World's intrusion into the privacy of Max Mosley, there is no doubt that a legal guarantee that publication can always be prevented by those with something to hide would be a further blow to freedom of expression and public accountability. The media may spend too much time spotlighting celebrities and too little exposing those whose actions deserve attention, but Mosley's desires would make it impossible to do either.