Privacy

The issue of celebrity privacy goes back at least to the nineteenth-century growth of newspapers, but came to dominate discourse on privacy at the end of the twentieth century and beginning of the new millennium. In the United Kingdom, the death of Diana, Princess of Wales, in 1997 was regarded by many as due in part to media intrusion, enabled by the use of new surveillance equipment, and also due in part to press refusal to observe conventions on personal privacy for public figures.

In the United States, President Bill Clinton's impeachment in 1999 for having denied on oath improper sexual relationships became unavoidable when DNA analysis was carried out on his semen. Responding to the constitutional crisis that then arose, Thomas Nagel, professor of philosophy and law at New York University, made a plea for the protection of presidential privacy. In what he called "the disastrous erosion of the precious but fragile conventions of personal privacy in the United States over the last ten or twenty years," Nagel lamented that "American society has lost its grip on a fundamental value, one which cannot be enforced by law alone but without which civilization would not survive.… The division of the self protects the limited public space from unmanageable encroachment and the unruly inner life from excessive inhibition.… The growth of tolerance does not make the collapse of privacy significantly less damaging" (London Review of Books, 4 February 1999, p. 3–6). The support given to the president throughout the unsuccessful impeachment hearings in the spring of 1999 suggests that despite his admissions of wrongdoing, the U.S. electorate sympathized with Clinton's plea that even presidents have private lives.

A transatlantic case that came to trial under English law was the claim for damages by the film stars Catherine Zeta-Jones and Michael Douglas against Hello! magazine in 2003. The prosecution claimed that their right to privacy had been breached by the magazine's unauthorized publication of photographs from their wedding. Both sides claimed a vindication of sorts when Zeta-Jones and Douglas were granted the relatively small sum of £14,600 (US$23,360), including £3,750 each for emotional hurt, in compensation for what the judge ruled was a breach of confidence, since the couple had granted publication rights to another publisher. The judge rejected the couple's complaint about invasion of privacy since there was no privacy law in England. Commenting on the verdict, many British newspapers described the issue as one of control rather than privacy, thus illustrating nicely the gap between popular understanding and academic research on privacy.