Who controls the Naomi Campbell information flow? A practical analysis of the law of privacy

Primarily, the courts control the flow of private information. They do so through the cause of action of breach of confidence and remedies. In deciding liability, the courts should ask whether the benefit of publication is proportionate to the harm done by the invasion of privacy.

To answer the question, they must balance the public interest in the right of privacy against the public interest in the right of freedom of expression. They may settle on a Reynolds type test by considering a number of non-exhaustive factors. The article examines seven suggested factors and the remedies which can be deployed by the courts. Judgments from the English courts and the European Court of Human Rights are considered, including Campbell v MGN (HL), Douglas v Hello! (CA), McKennitt v Ash (HC), Peck v UK (ECtHR), Édition Plon v France (ECtHR), and Von Hannover v Germany (ECtHR).

Timothy Pinto discusses the issues in more detail in his article as published in Jounral of Intellectual Property Law & Practice:

Who controls the Naomi Campbell information flow? A practical analysis of the law of privacy