Allegations of sexual misconduct, wrongdoing and the ‘public interest’ in media law

This article considers allegations of sexual misconduct and general wrongdoing in English media law. Firstly, it examines the torts of misuse of private information (‘MPI’) and defamation in relation to allegations of sexual impropriety and finishes by considering data protection law and statements on general wrongdoing. A particular concern is the notion of the ‘public interest’ and its influence in adjudicating on such disclosures. The central argument pulls in two different directions. On the one hand, it considers areas where positive strides have been made, such as the historic power of MPI to protect women’s intimate lives and the extension of the s 4 Defamation Act 2013 ‘public interest defence’ to allegations of sexual misconduct. On the other, the article notes areas of concern. One such area of concern is in MPI, where the notion of public interest is being misused in cases concerning non-disclosure agreements. The piece also considers data protection law and online disclosures of more general wrongdoing, including information about past convictions - it concludes that data protection law is far from a haven for wrongdoers attempting to escape accountability.