The case was about whether the newspaper was justified in publishing the story because the public interest was such that its Article 10 right to freedom of expression outweighed Ferdinand’s Article 8 privacy right under the Human Rights Act. Rio claims to have not seen Ms Storey for six years before the time the article was published. MGN said it was in the public’s interest after a similar situation involving John Terry occurred in February 2010. John Terry was soon stripped of his captaincy (although it has since been restored) after having an affair with his team mate Wayne Bridge’s girlfriend.
The judge said the case was more about Ferdinand's public image then privacy "Overall, in my judgement, the balancing exercise favours the defendant's right of freedom of expression over the claimant's right of privacy".