Clauses Noted: 3
Publication: Daily Mail
Messrs Allen & Overy, Solicitors of London EC4, complained on behalf of the Begum Aga Khan and His Highness the Aga Khan that a photograph published in the Daily Mail on 16 July 1998 was an invasion of their privacy in breach of Clause 3 (Privacy) of the Code of Practice.
The complaint was upheld.
The photograph accompanied an item in the Nigel Dempster column concerning the Aga Khan and his wife and showed the couple on the deck of their yacht. The complainants said that the photograph had been taken from a private island, near which the yacht had been moored to preserve privacy.
The newspaper said that the decks of yachts are in full sight of casual observers and that the complainants' yacht had been in the Mediterranean in the height of summer; it was not a place where there was a strong chance of privacy. They said that if privacy was sought they would go below decks.
The Commission did not agree with the newspaper's argument that the couple should stay below deck in order to maintain their privacy. When the photograph was taken they had been on the deck of their private yacht, moored near a private island on which the general public was not allowed. This was clearly a place where there was a reasonable expectation of privacy.
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