7.
The evidence before me indicates that between 30 and 31 March the on-line version
of the article was visited approximately 435,000 times, whereas the edited footage
itself was viewed about 1,424,959 times over the same period. The explanation for
the difference in numbers is, as I understand it, that the footage could have been
accessed via the Internet by users who were visiting other websites in which the
footage had been “embedded”. It was also made available on the Internet by other
websites which had copied it while still available on the News of the World website.
8.
It follows that there are a number of websites (not possible to quantify accurately)
where the footage has been available continuously, notwithstanding its removal from
the News of the World website.
9.
Mr Mosley does not dispute that the events occurred, as portrayed in the edited
footage, but he maintains that they were private and that the public display engages
his rights under Article 8 of the European Convention on Human Rights and
Fundamental Freedoms (as it undoubtedly does). The proceedings, and the
application made before me, are thus based upon the alleged infringement of his
privacy.
10.
It has emerged, however, that Mr Mosley does challenge the accuracy of the News of
the World presentation in at least one respect; that is to say, its characterisation of his
activities as being Nazi role-play. This interpretation has been picked up and given
widespread coverage by others. For example, in The Times on 31 March, an article
appeared under the heading “Max Mosley faces call to quit as Formula One chief after
‘Nazi orgy’”. This quoted Karen Pollack, chief executive of the Holocaust
Educational Trust, as saying, “This is sick and depraved. For anyone to be in such a
position of influence and power beggars belief. I am absolutely appalled”.
11.
The director of the Holocaust Centre, Stephen Smith, was also quoted:
“As Mr Mosley has condemned the racism in motor sport he
should live up to the standards he sets. This is an insult to
millions of victims, survivors and their families. He should
apologise. He should resign from the sport”.
12.
There have been many similar comments, some of which are specifically related to
the allegation of Nazi role-play, and others more general. There have been
statements, for example, from BMW and Mercedes, and from Honda and Toyota.
There is no need to set these out in full, but Toyota drew particular attention to the
overtones of anti-Semitism:
“Toyota Motorsport does not approve of any behaviour which
could be seen to damage Formula One’s image, in particular
any behaviour which could be understood to be racist or antiSemitic”.
13.
Lewis Hamilton expressed agreement with the statements of the car manufacturers,
stating that it was important to set an example and that “we all, especially the young
people, we’re always looking up to at least someone to show us the way. Setting a
good example is the best way of saying it”.