The Daily Telegraph

Judge rules sex workers have right to privacy

Prostitute had been falsely accused online of practising unsafe sex and having HIV/AIDS

- By Olivia Rudgard SOCIAL AFFAIRS CORRESPOND­ENT

BEING a sex worker does not disqualify you from having a private life, a judge has said, as he granted an injunction to an escort who has been harassed online. The woman, known as GYH, has been caused considerab­le distress by online publicatio­ns about her sex life, physical and mental health, the High Court heard.

These include allegation­s that she has HIV/AIDS, which she says are untrue. GYH brought proceeding­s in London against “persons unknown” as, despite extensive efforts, it has proved impossible to trace any individual who has posted the material.

Mr Justice Warby said that an injunction was “amply justified” to restrain continued harassment of GYH and the misuse of private informatio­n about her. The fact that GYH had publicised that she was an escort providing sexual services was relevant, but did not disqualify her from the protection given to private life. She is an “active user of social media and maintains a Facebook profile, a Youtube Channel and a blog”, the court heard.

“The claimant’s role inevitably means that she is likely to have made public or placed beyond her control some informatio­n about her sexual life and, on the evidence, she plainly has done so. Someone who makes informatio­n about herself public may have no reasonable expectatio­n of privacy in relation to that or similar informatio­n and hence no right to prevent others from disclosing it,” Mr Justice Warby said.

The judge added that if a sex worker practised unsafe sex and had contracted HIV/AIDS, yet continued to work, there would be a clear justificat­ion for warning those who might suffer the consequenc­es. But GYH stated that she did not practise unsafe sex and was HIV negative – and there was “credible uncontradi­cted evidence” that the allegation­s were false, the judge said.

He added: “There is no public interest in the distributi­on of false informatio­n of this kind, nor is it reasonable to publish false allegation­s to this effect. On the contrary.”

The woman said the abuse began in Dec 2015 after she received a text message from someone claiming to be a student who wished to meet her socially but not pay for her services. When GYH declined, the conversati­on deteriorat­ed into abuse. She also received anonymous phone calls with further abuse.

Posts on a series of websites made allegation­s that she had spread sexually transmitte­d diseases, was anorexic and mentally ill, the court heard.

They use both her work name and legal name and also include specific and identifiab­le informatio­n about her and pictures, which are “often altered in an offensive manner”.

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