C, Naomi Campbell, was photographed leaving a Narcotics Anonymous meeting in London. She had previously claimed she was not a drug addict. Mirror published the story; key things published:
1) fact C was drug addict
2) fact she attended Narcotics Anonymous meeting
3) details of how long and often she attended
4) photos of her leaving the meeting
C sued for breach of confidence. Held:
· Test for breach of confidence is whether C had reasonable expectation of privacy in respect of disclosed information.
· Thus no pre-existing relationship of confidence required
Ø i.e. obligation of confidence arises where C knows or ought to know there is reasonable expectation information will be kept confidential
· People are encouraged to attend NA meetings because of their private nature.
· Therefore C obviously has reasonable expectation of privacy in relation to meetings.
· D was entitled to publish fact that C was drug addict and receiving treatment from NA.
Ø necessary to correct false impression
· However C not entitled to publish details of her attendance nor photos of C at same time
Ø were not necessary in public interest or to add to credibility of story
Ø were intrusive
– had been taken covertly