London Daily

Focus on the big picture.
Saturday, Sep 26, 2026

Meghan Markle and the trouble with human rights law

Meghan Markle and the trouble with human rights law

Meghan Markle hailed her victory in a high court privacy case as a 'comprehensive win' over the Mail on Sunday’s 'illegal and dehumanising practices'. But is that right? If you dig beneath the headlines and read the judge's ruling, it becomes clear that her victory has much to do with a burgeoning expansion of privacy rights based on human rights law. This change in the law has taken place with little fanfare and the victim – the press – generate little sympathy. Yet it is something that should worry any supporter of free speech.

Until about twenty years ago, the English courts were pretty robust about celebrities’ privacy suits, then known as actions for breach of confidence. A typical example was a 1977 episode where a well-known pop group indignantly sought to stop the Daily Mirror spilling the beans about their private high jinks. A Court of Appeal judge tersely told them that even if someone was breaking confidence, high-living celebrities like them who sought the limelight and courted good publicity could not generally complain if someone publicised less complimentary facts about them.

So what has changed? The explanation here lies fairly squarely with human rights activism. As early as 1970, the Council of Europe, the body behind the European court of human rights, had passed Resolution 428 saying that the human right to privacy needed to be put to work to curb what it clearly saw as a vulgar and unsavoury mass media.

This should trouble anyone with a concern for a free press
By 2004, the court had enthusiastically taken the hint. It decided that Princess Caroline of Monaco had a human right to suppress paparazzo photographs of her in public places, sniffily adding that free speech was all very well, but not really for publications 'of which the sole purpose was to satisfy the curiosity of a particular readership' about a person in the public eye.

What the European court initiated, the English courts happily adopted. From then on they decided that any information could be suppressed which someone had a reasonable expectation would be kept private (whatever that meant). Celebrities’ privacy actions became simply an exercise in deciding whether this was so, and then asking (in the words of the judge in the Meghan case) 'whether in all the circumstances the privacy rights of the claimant must yield to the imperatives of the freedom of expression enjoyed by publishers'. The vital point (again in his words) was whether there was a 'contribution which the publication of the relevant information would make to a debate of general interest'.

And so, we come to the result in Meghan’s claim against the Mail on Sunday. The judge there excoriated the old robust approach to newspaper exposés as an obviously outdated 'crude common law principle'. Today what mattered was the new human-rights-based sophistication. Here, since Meghan understandably hoped that her letter to her father would never be revealed, and there was no sufficiently high-minded addition to public debate to justify publicising it, she had to win.

We should not criticise the judge for deciding as he did; he was loyally applying the law as it is now. Nor is the result reached necessarily misguided. It is certainly arguable, even if most Spectator readers are likely to disagree, that people – including celebrities – ought to have an extensive right to privacy and the press a correspondingly narrow right to inform its readers about their inner lives.

But the important point here lies in the word 'arguable'. It is this which demonstrates the problem arising from the fact that almost all press privacy questions have now been deftly transmuted into human rights cases. The essence of human rights claims is precisely that they are not arguable in this sense. To call a right a human right is to say it is so important that no state can deny it and still be called civilised, and that therefore it needs to be taken out of the democratic political process and entrusted to supranational institutions like the European court.

There is no reason, however, to think that privacy claims such as Meghan’s fall into this category. Indeed there is every reason to think they are not: it is perfectly possible for a civilised state to support either a wide or a narrow definition of privacy. The choice between them is a vital question of social policy. The proper place for the matter to be decided is in the democratic political sphere. If human rights law requires that privacy be preferred over press freedom whatever the voters think, then this should trouble anyone with a concern for a free press.

Newsletter

Related Articles

0:00
0:00
Close
Royal Navy Diving Squadron Honoured for Global Bomb Disposal Efforts
UK State Pension Set to Approach £13,000 Per Year Under Triple-Lock
Rolls-Royce Wins Multi-Million-Pound Engine Contract with Philippine Airlines
TfL Questions Future of Heathrow Express Amid Proposed £33 Billion Expansion
Ed Miliband Warns Iran Against Hostile Operations on British Soil
S&P Global Manufacturing Index Signals Stabilization Amid Rising Fuel Costs
Prime Minister Andy Burnham Launches National Centre for Information Defence
UK Food and Drink Trade Deficit Surges to £21.1 Billion
OECD Upgrades United Kingdom Economic Growth Forecast to 1.1 Percent
Bank of England Faces Policy Challenges as Energy Prices Push Inflation Projections Higher
IMF Urges UK and Major Economies to Reduce Public Borrowing and Debt
UK Government Concedes Chagos Islands Sovereignty Deal is Dead Following Trump Opposition
Prosecutors Seek More Than 10 Years in Prison for Former DUP Leader Jeffrey Donaldson
UK Provided £66 Million in Emergency Security Funding for Mosques After Southport Disorder
Manston Inquiry Examines Role of Government Decisions in 2022 Overcrowding Crisis
Justice System Capacity Pressures Raise Concerns Over Release of Sex Offenders
UK Food and Drink Trade Deficit Widens to Record £21.1 Billion
UK Releases Climate Security Findings Previously Withheld Under Starmer
TalkTalk Races to Sell Consumer and Broadband Businesses as Administration Threat Looms
NHS Bodies Impose Minimum Two-Year Waits for ADHD and Autism Assessments
Andy Burnham Pledges £210 Million to Revive Boarded-Up High Streets
UK Borrowing Reaches £18.3 Billion in August Ahead of Autumn Budget
Vistry Cuts Profit Outlook as Losses Deepen and Private Home Sales Weaken
Reported Assaults on Great Britain’s Railways Rise Sharply
Far-Right Activist Daniel Thomas Arrested After Channel Dinghy Slashing
Ukrainians in Britain Face Greater Homelessness Risk as Host Payments Are Cut
Scottish Drug Deaths Rise as Synthetic Opioids Spread
UK Diesel Prices Approach Record High as Energy Costs Intensify
UK Food and Drink Trade Deficit Widens to Record £21 Billion
Britain’s Largest Planned AI Supercomputer Delayed by Power Grid Constraints
NHS Boards Impose Minimum Waits of Up to Two Years for ADHD and Autism Assessments
Police Arrest Far-Right Activist After Migrant Dinghy Slashed in English Channel
Synthetic Opioids Drive Renewed Rise in Scotland’s Drug Deaths
Reported Assaults on Britain’s Railways Rise 20% in a Year
Vistry Cuts Profit Forecast as Losses Weigh on UK Housebuilder
TikTok Drops Appeal and Accepts £12.7 Million UK Data Protection Fine
Russell Group Urges UK Government to Drop Proposed International Student Levy
Legal & General Plans to Cut 1,000 Jobs by Mid-2027
UK Health Bill Would Remove Independent Governors From NHS Foundation Trusts
BMA Raises Patient Safety Concerns Over Advanced Practitioners Filling Doctor Rotas
UK’s Largest AI Supercomputer Delayed by Power Supply Constraints
NHS Orders Security Cameras in Neonatal Units Following Thirlwall Inquiry
Post-Brexit Trade Barriers Cost UK Economy Up to £6.5 Billion a Year, Analysis Says
UK Parliament Launches Inquiry Into Bank of England Monetary Policy Independence
Global Bond Selloff and Higher Oil Prices Narrow UK Budget Options
UK Prime Minister Andy Burnham Addresses UN and Holds First Meeting With Donald Trump
Royal Navy Commandos Complete Maritime Operations Training With US Navy SEALs
Vistry Profit Warning Adds to Concerns Over UK Housebuilding Conditions
UK Commits £343 Million to Major Expansion of Community Mental Health Services
Five Eyes Partners Back UK-Led Campaign Against Global Fraud Networks
×