Thursday, June 30, 2005

Undies in a Bundle



From The Guardian:

A leading London media lawyer is to advise on Saddam Hussein's prospects of success in a high court human rights claim over photographs of him in his underpants which appeared on the front page of the Sun.

David Price has been approached by Saddam's family about a possible claim against the paper in the high court over the publication last month of intrusive photographs of the former Iraqi dictator in jail, the Guardian has learned.

Mr Price declined to comment yesterday, but other lawyers said Saddam would have a good chance of winning a claim for misuse of private information, a new form of action which has developed as a result of the Human Rights Act. However, the damages are likely to be small.

Hugh Tomlinson QC of Matrix chambers said: "It seems to me that he's got a cast-iron case. What's the defence - public interest? Is there a public interest in showing Saddam in his underpants?"

Jennifer McDermott, a media partner at the law firm Addleshaw Goddard, said: "The Sun's public interest defence was that they were showing that he was fit and healthy and wasn't being treated the way a mass murderer should. However, he has the same human rights as any other person."

Mark Stephens, a media solicitor at Finer Stephens Innocent, also predicted that Saddam would win his case if he went ahead, although he said the damages would probably be "tiny".

The Sun's front page showed Saddam wearing a pair of white Y-fronts.

...Saddam's Iraqi lawyers threatened to sue the Sun for $1m (£550,000) last month after the photograph appeared on the front page.

Judging by the Sun's cover, the paper is not afraid of Saddam or his lawyers. Rather than cowering in fear, the Sun taunts him and slaps the beefcake shot on the front page again.

Misuse of private information under the Human Rights Act? Huh?

Before one can argue that Saddam has the same human rights as any other person, one must first make the case that he's human. A quick glance at Iraq's recent history would make that a tough sell.

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