Freedom of the Press versus Privacy: The cases Mosley and Campbell in the ECHR
In this article the recent jurisprudence of the European Court of Human Rights of Person is examined regarding the matter of conflict between the privacy of public figures and the rights to freedom of expression and press, as guaranteed in the Art. 10 of the European Convention of Human Rights. More specifically, the cases Mosley and MGN Ltd versus United Kingdom (2011) are analyzed as well as their impact in the British legal order and in the jurisprudence of the ECtHR. As it is argued these cases reflect a new era for the high level of protection that the ECtHR provided for the freedom of expression (Art. 10 ECHR) due to the new endangerments that the tabloids and the paparazzi pose for the privacy of public figures. Finally, instead of conclusion, five fundamental principles for the balancing between freedom of expression and privacy are proposed, specifically adopted to resolve public figure cases.