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Paul Dacre, the Daily Mail editor-in-chief, has launched a scathing attack on a High Court judge whom he accused of bringing in a privacy law by the back door.
Mr Dacre said the “arrogant and amoral” judgments of Mr Justice Eady were “inexorably and insidiously” imposing a privacy law on the British press.
Mr Justice Eady had used the privacy clause of the Human Rights Act against newspapers and their age-old freedom to expose the moral shortcomings of those in high places, Mr Dacre told the Society of Editors' annual conference in Bristol.
“If Gordon Brown wanted to force a privacy law, he would have to set out a bill, arguing his case in both Houses of Parliament, withstand public scrutiny and win a series of votes,” Mr Dacre said.
“Now, thanks to the wretched Human Rights Act, one judge with a subjective and highly relativist moral sense can do the same with a stroke of his pen.”
Two years ago, Mr Justice Eady had ruled that a cuckolded husband could not sell his story to the press about another married man - a wealthy sporting celebrity - who had seduced his wife.
Mr Dacre said: “The judge was worried about the effect of the revelations on the celebrity’s wife. Now I agree that any distress caused to innocent parties is regrettable but exactly the same worries could be expressed about the relatives of any individual who transgressed which, if followed to its logical conclusion, would mean that nobody could be condemned for wrongdoing.
“But the judge - in an unashamed reversal of centuries of moral and social thinking - placed the rights of the adulterer above society’s age-old belief that adultery should be condemned.”
In the case brought by Formula One boss Max Mosley against the News of the World, Mr Justice Eady “effectively ruled that it was perfectly acceptable for the multi-millionaire head of a multi-billion sport that is followed by countless young people to pay five women £2,500 to take part in acts of unimaginable sexual depravity with him”.
Mr Dacre said: “The judge found for Max Mosley because he had not engaged in a ’sick Nazi orgy’ as the News of the World contested, though for the life of me that seems an almost surreally pedantic logic as some of the participants were dressed in military-style uniform.
“Mosley was issuing commands in German while one prostitute pretended to pick lice from his hair...
“Now most people would consider such activities to be perverted, depraved, the very abrogation of civilised behaviour of which the law is supposed to be the safeguard. Not Justice Eady. To him such behaviour was merely ’unconventional’.
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I understand UK citizens have enjoyed rights to privacy ,dignity, autonomy and confidentiality before we signed up to the European Convention on Human Rights Act. It strikes me the judge used his common sense and focused on what was actually important in this case.
Mrs.Josephine Hyde-Hartley, Bacup, UK
Michael - exactly. It's important to distinguish between public interest and what the public is interested in.
Dave, oxford,
Hermione,
Judges are now making laws - in other fields of jurisprudence a judge's determination could be bound by precedent. With the HRA there is no body of precedent - the judge is now not just deciding 'law' but public policy. And we have signed up to a form of judicial dictatorship.
Mark, Berlkhamsted,
Mr Justice Eady cannot make laws, only interpret them. If one such example is to confirm our entitlement to private life without the approval of journalists, then good for him. The prurient interference by these sanctimonious haemorroids has been tolerated for far too long. Fiat Justitia!!!
Hermione , Bradford, UK
I think Mr Dacre confuses the Public Interest with what Prurient-Minded Elements Of His Readership might be interested in, and what he wants to make money out of.
Michael Smith, Southampton, UK
Pot calling kettle black is a saying that springs to mind, but Judges do tend to use the Human Rights Act when they want to ,and ignore it when most people think it should apply.
mike, london, uk
" But what is most worrying about Justice Eadys decisions is that he is ruling that - when it comes to morality - the law in Britain is now effectively neutral,"
Please explain why this should not be so Mr Dacre. Whose code of morals should the law support? Don't confuse immorality with illegality
David, Marchwood, Hampshire
I applaud Mr Dacre.For far too long, (some) Judges have, I beleive, abused, their positions of power to exert their personal views and opinions.Without the freedom of the press the public would be left ignorant of often questionable (and self-serving?) judgemental decisions.Well done Mr Dacre.
John Brick, Selby, UK
What an incredibly ignorant man. Quite apart from the fact that he is incorrect about nearly everything he has said, he also clearly has no sense of irony - the editor in chief of the Daily Mail lecturing people about morality?! The harder the press are hit in these cases the better.
Mike, Chester,
This is a disgraceful attack ona judge. For far too long, newpapers have snuffled in the gutters and printed salacious material claiming an entirely bogus "public interest". I'll bet that if judgment had been given against Mosley, Dacre would have applauded the judge's independence. Sour grapes!
William Henry Thomas, Fakenham, Norfolk UK