French judge can't ban Internet video of motor racing chief
AP Sports
Posted: 2008-04-29 14:50:38
PARIS (AP) - A judge said Tuesday it was not within his jurisdiction to ban
an Internet video of motor racing chief Max Mosley with prostitutes, but he
ordered the French recall of newspapers containing photos of the scene.
Judge Joel Boyer said he couldn't ban access to Web site of the British
tabloid the News of the World, which had carried a video with images of the
scene, because the site is owned and based in Britain. Mosley's lawyer,
Philippe Ouakrat, had requested the site be restricted in France because the
FIA, the governing body for motorsports that Mosley heads, is based in Paris.
"The mere fact that this site is accessible from France - like all others
on the Web - is not enough to justify French jurisdiction," Boyer wrote.
However, Boyer said French law did cover copies of the newspaper printed in
France and ordered issues containing photos of the scene that are still
available in the country to be recalled. He ordered a penalty of $2,335 per
infraction be applied if the recall is not respected.
In his decision, Boyer wrote the scenes were clearly "sadomasochistic
stagings of sexual fantasies" that merit protection under privacy laws.
"Sexual practices between consenting adults are among the most intimate
aspects of private life, with its element of shadow and mystery that no one
should be forced to explain to a third party," the judge wrote.
The News of the World reported earlier this month that Mosley engaged in sex
acts with five prostitutes that involved Nazi role-playing. A video posted on
the newspaper's Web site showed a man identified as Mosley arriving at an
apartment and then engaging in various sex acts with several women, at least
one in a prisoner's uniform, while also speaking German.
Mosley, 67, has faced pressure to quit as president of the Federation
Internationale de l'Automobile since the News of the World story appeared. The
federation said Mosley's future would be decided in a confidence vote during a
special general assembly in Paris on June 3.
Mosley admits to visiting the prostitutes, but denies there were Nazi
overtones to the encounter. The allegations are particularly sensitive because
Mosley is the son of the late Oswald Mosley, leader of Britain's fascist
movement before World War II and a friend of Adolf Hitler.
Mosley is suing the News of the World's parent company for breach of
privacy. The case is due to be heard later this year.
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04/29/08 13:49 CDT