Douglas v Hello! Ltd (No 3)

A magazine that published unauthorised photographs of a celebrity wedding, knowing that another magazine had exclusive rights, was liable to that magazine for breach of confidence.

Citation
[2007] UKHL 21, [2008] 1 AC 1
Court
House of Lords
Year
2007
Subject
Tort Law
Topic
Defamation and privacy

Facts

Michael Douglas and Catherine Zeta-Jones, the film stars, sold the exclusive rights to publish photographs of their wedding to OK! magazine for £1 million. Strict security was in place at the wedding to prevent other photographs being taken. A photographer gained access by pretending to be a guest, and secretly took photographs, which he sold to Hello! magazine, a rival of OK!. Hello! published them shortly before OK! published the authorised photographs. OK! sued Hello!.

Legal principle

The House of Lords held, by a majority, that Hello! was liable to OK! for breach of confidence. Lord Hoffmann said that the photographs of the wedding were information of commercial value over which the Douglases had sufficient control to enable them to impose an obligation of confidence, and that they had transferred the benefit of that obligation to OK!. Hello! knew that the photographs were taken without consent and that OK! had exclusive rights, so it was in breach of confidence. The case was decided together with OBG v Allan, on the economic torts.

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