The Supreme Court has upheld an interim privacy injunction preventing the Sun Newspaper from publishing information about an extramarital sexual encounter which took place between a couple and a famous figure (“PJS”), four years ago.
It was held by the Supreme Court that there would be would be no public interest in naming PJS, and that revealing information about the affair would be a breach of the article 8 right to privacy of PJS and his family. In undertaking a balancing exercise of the article 10 freedom of expression rights of News Group Newspapers’, and the article 8 rights of PJS and his family, Lord Mance noted that if the story had some bearing on a public office, or the correction of a misleading public impression created by PJS, the decision may have been different.
Lord Mance further noted that it would only be in exceptional circumstances that the Court would depart from the notion that the right to privacy of PJS’s children is of paramount importance in this case.
The full trial on the matter is to be heard later in the year.