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Complainant Name:
Messrs Eversheds, on behalf of Sir Elton John

Clauses Noted: 3

Publication: Daily Star

Complaint:

Messrs Eversheds, Solicitors of London EC4, complained on behalf of Sir Elton John that the taking and publication of photographs of guests relaxing in the privacy of his home in the South of France in the Daily Star on 4 June 1998 was a breach of privacy contrary to Clause 3 (Privacy) of the Code of Practice.

The complaint was upheld under Clause 3(i) of the Code because the pictures had been taken without consent in a way which intruded into the complainant's home life.

The solicitors for the complainant alleged that the photographs had been taken secretly, possibly from the top of a ladder placed against the wall of Sir Elton's property.

The newspaper said that the photographs had been offered to them by a picture agency who said they had been taken from a public footpath adjacent to Sir Elton's property. Before a decision to publish the photographs was taken a representative of one of the two people pictured was contacted on three occasions and gave her consent to publication.

The newspaper said that although it believed the people involved had given their consent to publication of the pictures involved, it realised that there was a separate complaint from Sir Elton relating to his own privacy. It apologised for any distress caused him.

Decision:
Upheld

Adjudication:

Clause 3(i) of the Code of Practice protects an individual's right to respect for his home life. In this case, the taking of photographs and their subsequent publication had intruded into the complainant's home life, and the privacy to which he and his guests were entitled. No consent was given and there was no public interest justification. The complaint was therefore upheld.

Report:
45



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