Mr Justice Eady :
1.
At 3.00 pm on Friday, 4 April, an application was made by Mr James Price QC on
behalf of Mr Max Mosley for an injunction against News Group Newspapers Limited
to restrain it from making available on its website a short extract (“the edited
footage”) from a much longer videotape. The Respondent had the opportunity to be
represented (albeit at very short notice) and Mr Gavin Millar QC made submissions
on its behalf.
2.
Mr Mosley has been since 1993 the President of the Federation Internationale de
l’Automobile (“the FIA”). It is the governing body of motor sport worldwide and it
represents the interests of motoring organisations and also car users around the world.
In his capacity as President, Mr Mosley has spoken publicly from time to time on a
variety of issues, including driver safety, environmental matters, tobacco advertising
and, quite recently, the question of racism in the Formula 1 sport.
3.
The Respondent newspaper group is the publisher of, among other titles, the News of
the World, which published an article on 30 March 2008 with the headline “F1 boss
has sick Nazi orgy with 5 hookers”. The story was published inside on pages 4 and 5
under the headline “The Pits”. The article was accompanied by a number of still
photographs taken from the videotape to which I have referred.
4.
I was given a copy of the edited footage shortly before the application. It is very
brief, containing shots of Mr Mosley taking part in sexual activities with five
prostitutes, and it also covers the tea break. The events took place in the basement of
a private flat near Mr Mosley’s home and thus, undoubtedly, on private property. The
session seems to have been devoted mainly to activities which were conveniently
described as “S and M”. They lasted for several hours. The very brief extracts which
I was shown seemed to consist mainly of people spanking each other’s bottoms.
There is also a scene in which Mr Mosley was pretending to have his head examined
for lice. This appears to have been part of acting out a prison fantasy, in which he is
described as having come from another “facility”. This is because notions of restraint
and punishment are integral to this type of sexual activity. There were discreet blocks
incorporated on the extracts I saw, so as to make sure that no private parts were on
display (or, for that matter, the prostitutes’ faces).
5.
The subject-matter was extensively covered in the News of the World on 30 March on
the basis of the video recording. It seems that it was made by one of the prostitutes,
who was able to conceal a camera in such clothing as she was wearing. Mr Mosley
has apparently known all of the prostitutes for a while, but the lady who made the
recording was of the most recent acquaintance (only a few months).
6.
Moreover, since the original publication, these events have received massive coverage
throughout the world, both in newspapers and on various websites. The article,
together with the edited footage, was made available on the News of the World
website until complaint was made by Mr Mosley’s solicitors on the day of
publication. The next day, on 31 March, the edited footage was voluntarily removed
from the website and an undertaking given that it would not be shown again without
24 hours notice. Such notice was given by letter dated 3 April and faxed at 1.19 pm
that day.