Celebrity’s children entitled to privacy

The Court of Appeal has considered an appeal by Associated Newspapers against a High Court decision that publication of photographs of the well-known musician Paul Weller out shopping and at a café with his 16 year old daughter and ten month old twin sons in Los Angeles, California, infringed the children’s right to privacy.

The Court of Appeal concluded that the High Court was right to hold that the children had a reasonable expectation of privacy and that their right to privacy outweighed Associated Newspapers’ right to freedom of expression.

The judgment further clarifies the approach to be taken by the courts when considering an application to prevent the publication of photographs of children in a public place, based on their right to privacy. The case confirms that there are several considerations relevant to children which may mean that a child has a reasonable expectation of privacy where an adult does not, and that, where a child’s has a right to privacy, it is likely to require very powerful freedom of expression rights to outweigh them where a child’s interests would be adversely affected.

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