Messrs Eversheds, Solicitors of London, EC4, complained on behalf of Sir Elton John that the publication of a photograph in the October edition of Esquire Magazine of a guest relaxing at his home in the South of France invaded his privacy in breach of Clause 3 (Privacy) of the Code of Practice.

The complaint was upheld.

The Commission has previously upheld complaints about the publication of the photograph in two other journals. The magazine explained that a warning note circulated by the picture agency had been overlooked and the editor wrote a personal letter of apology to the complainant. An apology to the subject of the article and to the complainant had also immediately been published. The Commission regretted that the warning note had been overlooked but was pleased that the editor had apologised, and agreed with him that publication of the photograph had invaded the complainant's privacy. The Code had been breached and the complaint was therefore upheld.