London Daily

Focus on the big picture.
Wednesday, Aug 05, 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
UK Energy Security Faces Pressure From Middle East Conflict and Red Sea Disruptions
UK Government Expands Employment Discrimination Review Amid Labour Market Changes
UK Campaigners Call for Ban on Toxic Flea Treatments Linked to Water Pollution
MI6 Ranked Europe’s Leading Foreign Intelligence Service in Independent Review
Houthi Missile Attack on Saudi Oil Tanker Raises Further Red Sea Shipping Concerns
Palantir Faces UK Tax Criticism After Paying Two Million Pounds in Corporation Tax
Advanced AI Models Show Unexpected Behaviour During UK Cybersecurity Testing
Bank of England Introduces Tougher Artificial Intelligence Testing Rules for Financial Firms
Next Raises Annual Profit Forecast to One Point Two Four Billion Pounds After Strong Summer Sales
New UK Visa Rules Tighten Skilled Worker, Student and Family Migration Routes
UK Government Proposes New Equal Pay Enforcement Powers for Employers
UK High Court Blocks Home Office Deportation Policy for Alleged Trafficking Victims
UK Health Secretary Yvette Cooper Announces Major Reform of NHS Maternity Services
BP Reports Four-Year High Quarterly Profit of Five Point Seven Billion Dollars Amid Energy Market Turmoil
Bank of England Holds Interest Rate at Three Point Seven Five Percent as UK Growth Remains Weak
Spain and Morocco Trade Blame After 72,000 Migrants Enter Ceuta
Met Police Investigated Journalist Who Questioned Cambridge Professor
Badenoch Defends Tory Candidate Jailed for Antisemitic Abuse of Luciana Berger
NHS Spends £240m a Year Storing Paper Records Despite Digital Push
Apple Seeks Court Order to Stop OpenAI Using Alleged Trade Secrets
Breaking With the Past: One of the World’s Smallest Countries Changes Its Name
AI Is Remaking the US Economy, From GDP Growth to iPhone Prices
Comcast: Tied to a Chair and Hit in the Face With Cake: The Regular Humiliation Ritual at the US Corporate Giant
Aston Martin Faces Legal Threat Over £550m Rescue Deal
Conservative Party and Reform UK Face Growing Scrutiny Over Political Transparency
GMB and Public Sector Unions Prepare for Wider Debate Over Government Priorities
UK Government Faces Pressure to Address National Water Infrastructure Failures
NHS Radiographers Report Rising Racist Abuse From Patients
Breast Cancer Experts Call for Overhaul of NHS Diagnostic Approach
UK Government Reviews Prison Policy After Debate Over Capacity and Public Safety
Nigel Farage Faces Questions Over Leadership Discussions and Five Million Pound Donation
Conservative Party Faces Candidate Controversy Over Former Antisemitic Activist
UK Energy Industry Pushes for Greater Role for Domestic Oil and Gas Production
Gatwick Expansion Debate Continues as Airport Prepares for Second Runway Construction
Reform UK Wants the Royal Navy to Return Channel Boats to France
Government Faces Pressure Over Charity Funding Linked to Illegal Israeli Settlements
UK Fire Chiefs Demand Ban on Disposable Barbecues During Severe Drought
Medical Review Warns Current Breast Cancer Guidelines Miss Many Young Women
NHS Mental Health Trust Announces Twenty-Five Million Pound Service Cuts
MI6 Rated Europe’s Most Capable Foreign Intelligence Service in International Review
UK Watchdog Finds Serious Failures in Electronic Offender Monitoring System
BP Chief Warns UK Must Protect Domestic Oil and Gas Capacity
Water Supply Crisis Threatens England’s Housing Expansion Plans
UK Government Rewrites Procurement Rules to Prioritise Jobs Over Environmental Targets
English Channel Rescue Operation Saves One Hundred Seventy-Three Migrants After Boat Capsizes
Gatwick Airport Wins Legal Approval for Second Runway Expansion
UK Government Tightens Early Prison Release Scheme After Public Backlash Over Offender Freedoms
US and Japan Step In to Support the Yen in Rare Joint Intervention
The AI Pricing Problem: Companies Cannot Predict Their Own Bills
Europe’s Heat and Drought Are Now Disrupting Power, Shipping and Tourism
×