'The partner of MP Chris Huhne, Carina Trimingham, has had her claim
for harassment and breach of privacy against the Daily Mail and
Mail
on Sunday rejected by the High Court.
'Trimingham had an
affair with former Secretary of State Huhne which led to him leaving his
wife of 26 years in June 2010 when the matter was made public.
Trimingham sued over some 65 "highly unpleasant and hurtful" articles
which appeared in the Mail which she said represented a "cataclysmic
interference" in her private life.
'Trimingham was particulary
concerned that many of the articles made reference to her bisexuality.
'But
Mr Justice Tungendhat handed down a judgment today which rejected her
claim saying: "Ms Trimingham was not the purely private figure she
claims to be. Her reasonable expectation of privacy has become limited..."
Press Gazette.
"To the extent that the words complained of include
insults and other offensive matter, insulting and offensive speech is
protected by the right of freedom of expression. In this case what Ms
Trimingham complains of is not so unreasonable that it is necessary or
proportionate to sanction or prohibit such publications in order to
protect the rights of Ms Trimingham. So the defendant has not harassed
her within the meaning of the Protection from Harassment Act 1997.
"It
is not the case that a reasonable person in the position of the
defendant ought to have known that these articles, separately, or
cumulatively, amount to harassment of Ms Trimingham."
On the issue
of privacy, the judgment adds: "I have also found that she had no
reasonable expectation of privacy in relation to various items of
information, including the images published on a total of occasions.
These were cropped versions of photographs which had been taken at and
immediately before her civil partnership ceremony in June 2007, but
which reveal no more information about her than the public already
knew."
Judge Tungendhat.
"This was an important example of the press exercising its
right to free speech in relation to matters of significant public
interest.
"We are pleased that the court agreed with us and has today dismissed
all of Miss Trimingham’s complaints.
"The references to Miss Trimingham’s sexuality in our coverage were
never pejorative, private or in any way homophobic.
"Miss Trimingham chose to level some very serious charges against our
journalists in this case. This judgment vindicates both our journalists
and their journalism."
Associated Newspapers' statement,
quoted in the Mail's grimly jubliant report.
Carina Trimingham will have to pay at least £140,000 towards Associated Newspapers’
£410,000 legal costs.
She said outside the court
:
"I am extremely disappointed by this judgment. There is a ray of
light, however.
"Thankfully, the court has accepted today that
repeated mocking of a person by a national newspaper by reference to
their sexual orientation would almost inevitably be so oppressive as to
amount to harassment.
"However, the court did not appreciate that
when newspapers make repeated irrelevant references to sexuality -
particularly in the context of pejorative and stereotypical references
to appearance - it amounts to the same type of mocking which the court
has confirmed is unacceptable.
"This is confused, and I think
wrong. I am very concerned that this judgment may become a blueprint for
bullies and bigots. I intend to appeal."
This was a particularly nasty, scurrilous and relentless hate campaign, clearly driven by homophobia - and by the simple fact that her partner Chris Huhne has become a punchbag for certain sections of the press, though I can't see how she thought she could have won under English law.
It's interesting that this trial has taken place at the same time as the Leveson Inquiry. Newspapers can write whatever they want about the private life of a "public figure" - though arguably the media made Trimingham in to a public figure - and commit the very nastiest kind of character assassination, especially if they're queer.
PS This is an really important story that's been unfolding over 12 months now. Coverage of it in Gay Star News, Pink News, and Pink Paper over the last year = Zero! Impressive.
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