Newspaper editor fears for press freedom

Mosley's victory in his legal action against the News of the World comes after the court ruled that the newspaper's claims of the Nazi element to his orgy with prostitutes were not proved.

But Myler is still adamant that the paper was 'justified' in printing its story, and has fears about the implications this action will now have on the media.

"The News of the World believes passionately that its readers deserve to be informed of when their trust that has been placed in their elected leaders and public officials has been violated," he said on the steps of the High Court. "It is not for the rich and the famous, the powerful and the influential to dictate the news agenda just because they have the money and the means to gag the free press.

"Unfortunately our press is less free today after another judgment based on privacy laws emanating from Europe. How those very general laws should work in practice has never been debated in the UK parliament. English judges are left to apply those laws to individual cases, here using guidance from judges in Strasbourg who are unfriendly to freedom of expression.

"The result is that our media are being strangled by stealth and that is why the News of The World will remain committed for its readers' rights to know."

Myler welcomed the judge's decision not to award the exemplary damages that Mosley had been seeking - and still believed his paper was correct in printing the story.

"The newspaper believed that what it published on March 30, 2008, was legitimate and lawful. And, moreover, the publication was justified by the public interest in exposing Mr. Mosley's serious impropriety.

"As the elected head of the FIA, Mr. Mosley is the leader of the richest sport in the world with a global membership of almost 125 million. This newspaper has always maintained that because of his status and position, he had an obligation to honour the standards which his vast membership had every right to expect of him.

"Taking part in depraved and brutal S&M orgies on a regular basis does not in our opinion constitute the fit and proper behaviour to be expected of someone in his hugely influential position."

He added: "We are delighted that the judge has acknowledged that Mr. Mosley is largely the author of his own misfortune...we are also pleased that the judge did not award Mr. Mosley exemplary damages. Significantly, he found that the notion of such punitive awards has no place in this creeping law of privacy."

The presiding judge, Mr. Justice Eady, said that there was no proof of the Nazi themes to the orgy, which the News of the World had claimed.

"I found that there was no evidence that the gathering on March 28 2008 was intended to be an enactment of Nazi behaviour or adoption of any of its attitudes. Nor was it in fact. I see no genuine basis at all for the suggestion that the participants mocked the victims of the Holocaust," said Eady in his judgment.

"There was bondage, beating, and domination which seem to be typical of S&M behaviour.

"But there was no public interest or other justification for the clandestine recording, for the publication of the resulting information and still photographs, or for the placing of the video extracts on the News of the World website - all of this on a massive scale.

"Of course, I accept that such behaviour is viewed by some people with distaste and moral disapproval, but in the light of modern rights-based jurisprudence that does not provide any justification for the intrusion on the personal privacy of the claimant."

He added: "It has to be recognised that no amount of damages can fully compensate the claimant for the damage done. He is hardly exaggerating when he says that his life was ruined."

FIA president Max Mosley spoke briefly to waiting reporters when he left the court - saying simply that he was 'very pleased' with the outcome.

"I would like to say that I am delighted with that judgment, which is devastating for the News of the World," he explained. "It demonstrates that their Nazi lie was completely invented and they had no justification.

"It also shows they had no right to go into private premises and take pictures and films of adults engaged in activities which are no one's business but those of the people concerned. I am very pleased with this result and have nothing further to say at this present time."

Although the £60,000 damage level seems a small amount, it is believed to be a record in recent British law.

Recent out-of-court settlements have come close to that £60,000 figure, but breaches of privacy have not traditionally resulted in high levels of award when taken to court.

Catherina Zeta Jones and her husband Michael Douglas were awarded £14,600 after Hello! Magazine printed unofficial pictures of their wedding, while model Naomi Campbell won £3,500 from The Mirror after it printed a photo of her leaving a drugs counselling session.

The case could end up costing the News of the World up to £1 million, however, once the costs from both sides' legal teams have been paid.