Freedom Of Speech v Privacy: A Balancing Act

With the rapid technological advances of the digital age, doubts have been cast over the viability and sustainability of privacy injunctions. However, the final judgment of the Supreme Court in the case of PJS v News Group Newspapers Ltd has seemingly put this to bed, for now, in what has been described by some commentators in the media as the judicial sanctioning of a 'cheater's charter'. The case demonstrates the need for a clear public interest in order for the right to freedom of expression to outweigh the right to privacy.

The case involved two well-known individuals in the entertainment business, referred to throughout as 'PJS' and 'YMA'. They are a married couple with two young children. The case revolves around an extra-marital sexual relationship carried on by PJS between 2009 and 2011 with 'AB' and 'CD'. AB disclosed the affair to an employee of News Group Newspapers Ltd ('NGN'), who informed PJS in 2016 that they intended to publish details of the