There appears to be something fundamental in the Malky Mackay Text Message Scandal that everyone seems to have missed - including the LMA apparently. The messages in question are private messages taken from Malky Mackay’s personal phones - how did they get from his phones into the hands of Cardiff City FC? The same question would apply to Iain Moody. This is a critical and fundamental question that seems to be the elephant in the room that everyone has ignored. Don't get me wrong I am in no way condoning the content of those messages in any way but if Malky Mackay is going to be crucified and potentially be isolated from a job in football management for some time, as a result of this incident then the least we can do, is consider this point.
The messages are inherently private. Setting aside their content, it is clear that whoever sent them had a reasonable expectation as to their privacy. As such their publication can only be a breach of Malky Mackay’s article 8 right to privacy and if I was his lawyer or even the LMA I would be going crazy about this.
The manner in which the messages were extracted will determine how they can be used and also for what purpose they can be used, and therefore it is of absolute importance that Malky Mackay, or his lawyers, or the LMA or anybody for that matter clarify this point. After all, this is a man’s reputation, career and livelihood on the line, so discovering how the messages were found and by whom is crucial.
Head of Internet Media and Sports Law at Pinder Reaux Solicitor