Insight and analysis from Press Gazette editor Dominic Ponsford

Sun Sunday front-page shows the kiss and tell is still alive and well

A year on from the first wave of arrests at The Sun the paper showed that is still not afraid to ruffle the feathers of privacy  lawyers by publishing an old-school kiss and tell on the front page of its Sunday edition.

Such tales were a staple of the now defunct News of the World, but have becoming rare as judges have shown themselves increasingly minded to uphold interim privacy injunctions banning publication.
 
The climate changed for kiss and tells in 2008 when Max Mosley succesfully argued in court that the News of the World's exposure of his extra-marital activities with five paid dominatrices was a breach of privacy.
 
In August 2012, The Sun overturned an injunction brought by Steve McLaren to reveal his adulterous affair. The paper argued that he was a public figure who was also a role model, therefore publication was in the public interest.
 
But in 2011, Ryan Giggs was one of a number of high-profile individuals to successfully use injunctions to gag the press from revealing details of his philandering.
 
The Sun's front-page story yesterday featured an in-depth account from Playboy model Carlo Howe of her affair with married Manchester United footballer Patrice Evra.
 
My understanding is that The Sun went to Evra in advance of publication but the footballer did not seek a pre-publication injunction.  UK footballers are normally highly litigious in these sort of matters but perhaps the Frenchman took a more relaxed view. 
 
Four senior Sun journalists were arrested on 6 February last year with a further five arrested on 11 February on suspicion of involvement in corrupt payments. All are still on bail and have yet to be charged with anything.

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