Mosley's French court action carries jail threat

LONDON, England (CNN) -- FIA president Max Mosley's pursuit of a second legal suit for violation of privacy in France over allegations about his sex life is much more likely to succeed than his case in England, a legal expert says.

Moreover, under French law, the people behind the publication of the allegations could be jailed.

Mosley has been battling to keep his FIA position after the UK's News of the World newspaper alleged he took part in an orgy with Nazi-style role play. The Briton faces a confidence vote on Tuesday.

In addition, he is suing the newspaper in England and on Wednesday also lodged documents with French courts.

Sarah Webb, head of defamation and a partner with law firm Russell Jones & Walker, said Mosley was suing over copies of the newspaper sold in France.

"[It] would appear to be a shrewd move given the greater development of French law of privacy which in 1970 was enshrined in its civil code," Webb said.

"Protection is given not only to disclosure of elements of a person's private life but also the unauthorized taking of photographs of people and their publication. It also states that people in the public eye have a right to their private life."

She said French law incorporated more draconian powers, including the award of damages and the ability to order the seizure of the offending publication.

"Further under the criminal code, anyone found guilty of a breach of privacy can face up to a year's imprisonment and a fine of a maximum of €45,000 [$70,000]."

Webb said the issue of proceedings in France would not adversely affect Mosley's case in England, as they were two quite distinct jurisdictions.

"Whilst he will face a defense of public interest in both jurisdictions, he will undoubtedly stand a better chance in France in defeating that defense.

"Whilst the damages in France, as in this country [England], do not tend to be large, the possibility of criminal sanction may make the News of the World more concerned."

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