Max Mosley loses battle to get sex video off web
NoTW reposts 'orgy' footage
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Formula One boss Max Mosley has lost a High Court bid to stop the News of the World from putting a video of him and five prostitutes back on its website.
Mr Justice Eady came to the conclusion that because the material has already been widely reported, and is still widely available, granting an injunction would serve no purpose.
According to the PA, Eady said: "I have come to the conclusion that the material is so widely accessible that an order in the terms sought would make very little practical difference.
"One may express this conclusion either by saying that Mr Mosley no longer has any reasonable expectation of privacy in respect of this now widely familiar material or that, even if he has, it has entered the public domain to the extent that there is, in practical terms, no longer anything which the law can protect. The dam has effectively burst.
"I have, with some reluctance, come to the conclusion that although this material is intrusive and demeaning, and despite the fact that there is no legitimate public interest in its further publication, the granting of an order against this respondent at the present juncture would merely be a futile gesture."
Mosley was featured in a front page story by the Sunday paper which accused him of paying five prostitutes to dress in German Nazi-style uniforms and what look very like concentration camp uniforms for the S&M session.
Mosley, the son of British fascist Sir Oswald Mosley, is taking the News of the World to court on privacy grounds - the two sides will be back in court in July.
The newspaper has only released a 95 second section of the video including clips of Mosley being beaten and enjoying a refreshing cup of tea after his five hour session.
Mosley denies any Nazi connotations to the session.
The footage is widely available including on the News of the World website. ®
COMMENTS
@ Sikas
"The fact that Mosely is who he is changes things IMO." - Are you REALLY saying that people should be held to account for the sins of their fathers? Where do you stop?
""Nazi-themed S&M isn't insulting" maybe not to you, but it is to me." - So what? What happens behind closed doors is absolutely none of your business. Your comments are typical of the current victim mentality of, "I am the only one who can decide what is wrong, and if it upsets me, someone must pay" that has created the current tyranny of the moralistic (note: NOT 'moral') that can get adverts pulled because a few people complain.
As others have mentioned, speaking as a motorsport fan of nearly forty years, there are some very good reasons for getting rid of Mosley from the FIA, but this is nothing to do with it.
On a legal basis, the judgment is consistent with previous cases on wide dissemination, but that doesn't mean it is right. It essentially means that there is an advantage for the publisher to get it on the internet, so that there will be no injunction possible.
@Spleen
"Exactly the same, because guess what, if he hadn't indulged in an S&M fantasy, my grandparents would still be dead."
Mine too, but they wouldn't have died if Mosley's father hadn't made fascism socially acceptable in 30s Britain allowing Chamberlain to compromise with Hitler.
The fact that Mosely is who he is changes things IMO.
"Nazi-themed S&M isn't insulting" maybe not to you, but it is to me.
"it's silly and camp".
No. Silly and camp is a description of my wardrobe style, not sadism carried out by a cryptofascist.
Poor fella
Okay - he's loaded and will stay that way .. but dont take it out on him... So what if he likes to get his jollies paying hookers to act out fantasys ... it could be a lot worse....who among us hasnt thought about dressing up as hitler and having 5 tarts goose stepping for us whilst leading a heard of leather clad midgets across a lino covered floor greased up with baby oil whilst an albino strums "ride of the valkeries" on a harp ????
I mean ... if you cant have that sort of fun in the world and its thought of as sick ... maybe its not the type of world I want to be a part of ...
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