Campbell v MGN Ltd [2003] QB 633

Facts

• The case arose from the publication by the Daily Mirror of details concerning Naomi Campbell's attendance at Narcotics Anonymous meetings, accompanied by photographs of her leaving such meetings.
• The publication revealed information about Campbell's treatment for drug addiction.
• The newspaper argued the disclosure was justified as a corrective to Campbell's previous public denial of drug use.
• Prior to the publication, Campbell’s private life had been kept separate from her public persona.
• The legal context focused on the extent to which the media could disclose aspects of a person’s private life, engaging the balance between privacy and freedom of expression under Article 10 of the ECHR.

Issues

1. Whether the publication of details and photographs regarding Campbell’s attendance at Narcotics Anonymous meetings constituted a breach of confidence and misuse of private information.
2. Whether Campbell had a reasonable expectation of privacy concerning her attendance at such meetings.
3. Whether the Daily Mirror’s assertion of public interest in correcting Campbell's previous statements justified the intrusion into her private life.
4. How to balance the right to privacy (Article 8 ECHR) against the right to freedom of expression (Article 10 ECHR) in this context.

Decision

• The Court found that the information published by the Daily Mirror was private and sensitive, warranting protection under the doctrine of breach of confidence.
• Campbell was held to have a reasonable expectation that her attendance at treatment meetings would remain private, imposing an obligation of confidence on those with such information.
• The public interest in correcting Campbell’s denial of drug use was acknowledged, but the extent and method of the disclosure, particularly the photographs and detailed reporting, were deemed unnecessarily intrusive and not justified.
• The Court confirmed that neither Article 8 nor Article 10 ECHR automatically prevails; a balancing exercise considering the facts must be applied.
• The Daily Mirror was found to have breached Campbell’s right to privacy by disclosing details that went beyond what was necessary for public interest purposes.

Legal Principles

• The law on breach of confidence extends to protect private information where there is a reasonable expectation of privacy.
• The absence of a specific tort of invasion of privacy in English law requires reliance on the equitable doctrine of breach of confidence.
• Article 8 ECHR (right to private and family life) and Article 10 ECHR (freedom of expression) must be balanced case by case.
• The degree of public interest in the disclosure must be weighed against the sensitivity and intrusiveness of the published information.
• The principle of proportionality requires that media reports should not disclose more private information than is necessary to serve the public interest.

Conclusion

Campbell v MGN Ltd [2003] QB 633 marked a significant development in English privacy law, clarifying that sensitive personal information may attract legal protection and that the media must balance claims of public interest with individuals’ reasonable expectations of privacy, especially regarding health-related matters. The case established key standards for future privacy claims against media publications.