England star sues for libel after gay sex story starts online rumour mill
Landmark case to test the water of defamation laws
The Arsenal and England left-back, Ashley Cole, is planning a landmark court action over claims that two anonymous top flight footballers were involved in a "gay sex orgy", despite not being named in connection with the tabloid story.
If it goes to court, the case could have implications for the tabloid press and their Faustian pact with the celebrity world.
Cole has decided to sue for harassment, breach of privacy and libel after rumours over his sexuality spread like wildfire on the internet, fuelled by a series of articles in the News of the World and the Sun that did not name him but contained broad hints at his identity.
Legal experts view the case as an important step in taking the temperature of libel and privacy law in cases where the aggrieved parties are not named but the public is able to build up a "jigsaw" identification via tabloid hints that spark gossip via email, blogs and chatrooms.
They said the privacy part of the claim was "unique" because it relied on an untested concept known as "false privacy" - even though Cole says he is not gay, he will argue his privacy has been invaded.
"It's not a clear-cut case," said Mark Stephens, media solicitor at Finers, Stephens, Innocent. "It's difficult for both sides. But ultimately it's going to be embarrassing for the newspaper unless they were publishing on strong grounds."
The original story, heavily trailed by TV advertisements the previous night, appeared in the News of the World on February 12. Headlined "Gay as you go", it claimed that "two bisexual stars made some very dirty phone calls - using a mobile as a gay sex toy". It also claimed that a reporter had seen a recording of the alleged incident. However, the news paper did not claim to have a copy of the recording. It returned to the allegations the next week.
The tongue-in-cheek treatment continued in the News International stablemate the Sun, which later alluded to the story in the caption on a paparazzi snap of the footballer out on the town with his pop star fiancee, Cheryl Tweedy, prompting a letter to newspaper editors by Cole's solicitors. At no stage did either newspaper name the footballer or explicitly use his picture, making the libel claim unusual. But legal sources believed he could have a strong case none the less.
"There is a risk when newspapers indulge in this sort of nudge nudge, wink wink insinuation that they will end up in court," said David Engel, a partner at the law firm Addleshaw Goddard.
In cyberspace several sites published the picture used by the News of the World to accompany its second story and suggested it was a crudely doctored version of a snap of Cole and a dance music DJ taken from the website of a radio station, Choice FM. The gay website Pink News featured a juxtaposition of the picture used in the tabloid and the alleged original, suggesting they were the same shot doctored by the paper.
Its editor, Benjamin Cohen, said he didn't believe Cole was gay but wanted to expose the methods of the tabloid and alert the media to the speed with which internet rumours spread. "We're not in the business of outing people. It's more to show that what the newspaper is doing is wrong. A lot of the media and lawyers don't understand how the internet works," said Mr Cohen, a former teenage dotcom whizz who claimed the page had 200,000 visitors, making it one of the first on view when users searched via Google.
Cole is likely to argue that the suggestion he is gay or bisexual is tantamount to accusing him of hypocrisy and thus damages his reputation.
The pop star Robbie Williams won £200,000 in damages in December from the People and Star magazine over articles claiming he had covered up gay relationships. It was judged to be defamatory because it suggested he had deceived the public by presenting a false image.
Cole, 25, is no stranger to the front pages and has had a fractious relationship with the tabloids. Investigations by the News of the World last summer exposed his clandestine meetings with Chelsea's manager, Jose Mourinho, in a London hotel over a proposed transfer. Cole was fined £100,000 by the Premier League for his part in the tapping-up row.
Neither Cole's lawyers nor News International would comment.
guardian
