Messrs Eversheds, Solicitors of London, EC4, complained on behalf of Sir Elton John that the publication of photographs published in the August 1999 edition of Sky 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 in other journals of a photograph of other guests relaxing at the complainant's home. The magazine said that it was unaware that these photographs had been taken while the guest was on the complainant's property and as a result had instructed all photographic agencies not to provide it with pictures that could breach the Code of Practice. The magazine was prepared to publish an apology to the complainant accepting that the photographs should not have been published but the complainant's solicitors sought further assurances to which there was no immediate reply and the value of an apology - which lay in it representing an early settlement to the matter - therefore diminished. The Commission agreed with both parties that the photographs should not have been published and therefore upheld the complaint.