New laws will curb the press: Secret pictures of Princess trigger action on criminal offences and the right to sue over privacy

THE GOVERNMENT will legislate against the press by introducing new privacy laws.

Peter Brooke, the Secretary of State for National Heritage, announced the intention yesterday as the newspaper industry's attempts at voluntary regulation seemed close to collapse after publication of photographs of the Princess of Wales in a gym.

The Princess last night won a High Court injunction banning the Daily Mirror from publishing further photographs, taken secretly, of her working out at the LA Fitness Club in west London. A similar injunction was granted against the club and its owner, Bryce Taylor. A writ will be issued today alleging breach of confidence and breach of contract against the club, and breach of confidence and inducing breach of contract against Mirror Group Newspapers. The contract was between the Princess and the club when she became a member.

Announcing his intention to legislate on the press, Mr Brooke made it clear a 'catastrophic error' by MGN had hardened the Government's attitude. It was ready to implement three new criminal offences, recommended in the report by Sir David Calcutt QC, outlawing entering or remaining on private property without consent; bugging; and taking photographs on private property without consent.

Civil action, giving individuals the right to sue for infringement of privacy, is also likely.

Mr Brooke said the method used to photograph the Princess of Wales in the gym would not have been illegal under the Calcutt proposals. 'The fact that we are pursuing . . . a tort for infringing privacy is clear evidence that there will be new laws,' Mr Brooke said.

The main injunction against MGN, the Sunday Mirror editor Colin Myler, and the Daily Mirror editor, David Banks, and the similar order against the club and Mr Taylor, bans them from publishing or disclosing to anyone photographs or negatives of the Princess at the club. They are also bound to keep in a secure place any photographs or negatives in their possession.

Mr Taylor, who has been negotiating with publications to sell the photographs worldwide, was ordered to swear an affidavit within 24 hours detailing agreements he has made in any way relating to the photographs, and identifying any person to whom he has supplied photographs.

In a possibly fatal blow to voluntary regulation, Mirror Group Newspapers said yesterday that it was resigning from the newspaper industry's regulatory body, the Press Complaints Commission, in advance of a hearing tomorrow at which the commission will decide its view of the publication of photographs on Sunday and yesterday.

Mr Banks criticised the commission chairman, Lord McGregor of Durris, for condemning publication too hastily, claiming the Mirror Group could not get a fair hearing. The group had also contested the Princess's injunction.

Mr Banks said the photographs of the Princess on an exercise machine, taken by secret camera, were in a place where she could be seen by club members, were flattering, and did not damage her in any way. She was in the same position legally as a crowd photographed at a football match, he suggested.

Mr Brooke said the Government was now looking to act early in the new year. 'We have been told that the press could sort out these things for itself. This will have given a nasty jolt to everybody and that makes it much more likely that the legislation will come forward.'

The Prime Minister's office said: 'The Government deplores any invasions of privacy. There seems no doubt that the media themselves consider this invasion of the Princess of Wales's privacy was particularly flagrant. It brings into sharp focus the powers of the PCC of self regulation against abuses of this kind.'

Labour warned it may not support the legislation, unless it is coupled with measures to ensure press freedom. But the Mirror's action appeared to undermine that resistance. 'I always hoped the Press Complaints Commission would work, but as they break ranks, it becomes less possible to operate,' Mo Mowlam, party spokeswoman, said.

The PCC decided yesterday not to comment further, but Peter Preston, editor of the Guardian, told Channel Four News the PCC would be preferable to the law for dealing with ordinary people's complaints.

He said it was necessary to wait until tomorrow's PCC meeting before saying it had broken down. But he added that if the Mirror titles did not change their intention to pull out, he 'could not see the self-regulatory system going on for very long in the present mode'.

Mr Preston described what was happening as 'a real desperate blow'.

Mirror quits, page 3

Leading article, page 17