Campbell v MGN (HL) [2004] UKHL 22

• Claimant, 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 Claimant 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

• Claimant sued for breach of confidence.

Held

• Test for breach of confidence is whether Claimant had reasonable expectation of privacy in respect of disclosed information.

• Thus no pre-existing relationship of confidence required 

  • I.e. obligation of confidence arises where Claimant 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 Claimant obviously has reasonable expectation of privacy in relation to meetings. 

Conclusion

• Defendant was entitled to publish fact that Claimant was drug addict and receiving treatment from NA.

  • Necessary to correct false impression

• However Claimant not entitled to publish details of her attendance nor photos of Claimant at same time

  • Were not necessary in public interest or to add to credibility of story

  • Were intrusive

    • Had been taken covertly