If this had happened in Ireland, would the photos in this story (hat tip: Piste Off: Man Left Dangling With Full “Northern Exposure” at Ski Resort) be actionable having regard to Sinnott v Carlow Nationalist (discussed here, here, here, here and here), and if so, should they be?
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Two thoughts. The unfortunate skier doesn’t seem to be named or have his face visible in your links and without identification a Sinnott type claim would seem to fail. If he were identifiable then this is if anything a much stronger claim than Sinnott – this individual didn’t set out to draw attention to himself by competing in a public arena and any publication of the wardrobe malfunction would be intentional rather than negligent.
I entirely agree that this would be a stronger case than Sinnott if he were identified. But ought this to be a privacy claim? I’m still not convinced about that.
[...] can be even more embarassing. In Sinnott v Carlow Nationalist (already discussed on this blog here, here, here, here, here, and here), the Circuit Court and the High Court held that the publication [...]
[...] can be even more embarassing. In Sinnott v Carlow Nationalist (already discussed on this blog here, here, here, here, here, and here), the Circuit Court and the High Court held that the publication [...]