Tag Archives: superinjunctions

PJS/YMA – Ultimately a sensible judgment by the Supreme Court

It is rather disconcerting that, sitting down to write this post, I have to think quite hard about what I can and can’t say. It does seem that free speech is rather trammeled when people can’t talk directly about this case. Those who have bothered to spend a little time googling (try Australian, US and Canadian outlets or a well-known political blog), will know what I am talking about. Those who haven’t, won’t. It’s all a bit strange.

Posted in Op-eds | Also tagged | 20 Comments

Opinion: The PCC are to blame for the Ryan Giggs fiasco

At Conference last September, I proposed a motion that called for new rules to beef up the PCC, making it more independent of newspaper editors and giving it real powers to regulate the wilder elements of the press. The motion called on Lib Dem ministers to act now in the face of a growing number of legal injunctions that were being fuelled by lack of confidence in the regulator. In the long run lack of action would stand to restrict press freedom, I argued, because it would give weight to calls for an illiberal privacy law whereby politicians could …

Posted in Op-eds | Also tagged , and | 25 Comments

John Hemming MP writes: This country has allowed too much secret justice to develop

What Ryan Giggs wished to kept secret was a trivial issue that has been widely publicised as a result of him having the injunction. It was estimated that some 60% of the population knew who he was.

However, last week he started through his lawyers the process of enforcement of the court order. That was being done through getting from Twitter the details of people who had posted entries on Twitter. Anyone who wanted to keep their identity secret could do so. Hence the only targets they would get are people who live in England or Wales and have posted …

Posted in Op-eds | Also tagged , , and | 46 Comments

I appear to be in a minority in frowning on blackmail

I’m uninterested in the sex lives of footballers. But I don’t like blackmailers. And I don’t think the law should favour them.

Imagine this situation. Someone threatens to publish information about someone’s private life unless they receive a large pay-off to stay silent. I don’t think the law should say – “go ahead, publish away; you might be convicted of blackmail in the future but there’s no reason why anyone should be able to stop you publishing now if your would-be victim doesn’t pay up”.

I think the law should be able to say, “stop; don’t publish until we’ve sorted out those …

Posted in News | Also tagged | 40 Comments

Was Lib Dem MP John Hemming right to name Ryan Giggs as superinjunction footballer?

The media can now, openly and legitimately, report the name of the Premiership footballer alleged to have had an affair with a former reality show contestant. That the name ‘Ryan Giggs’ is public is down to Lib Dem MP John Hemming, who ‘outed’ the Manchester United star in the House of Commons this afternoon using Parliamentary privilege. As BBC News reports:

Addressing MPs, Mr Hemming said: “Mr Speaker, with about 75,000 people having named Ryan Giggs it is obviously impracticable to imprison them all.”

House of Commons speaker John Bercow interrupted the MP saying: “Let me just say to the honourable

Posted in News | Also tagged , and | 66 Comments

Andrew Marr’s hypocrisy (not a trace of schadenfreude here, honest)

It’s been one of the worst-kept secrets in the media, and today Andrew Marr finally admitted he was one of the 30 people who’ve taken out a super-injunction to prevent reports of their private life being made public.

The BBC interviewer’s legal action dates back to 2008, and has been credited with popularising the use of super-injunctions, which not only prevent reporting of allegations, but also prevent the injunction being reported. Today’s Guardian reports:

Marr said he felt “uneasy” and “embarrassed” about the use of the high court injunction, which he won in 2008 to suppress reports of an extramarital affair.

Posted in News | Also tagged , and | 17 Comments

Opinion: Are hyper-injunctions compatible with the Human Rights Act?

“Justice should not only be done, but should manifestly and undoubtedly be seen to be done.” That famous aphorism is commonly quoted, though perhaps not in the courts that hand down hyper-injunctions whose very existence is kept secret on the pain of imprisonment. This incredible situation was exposed in Parliament by John Hemming MP, whose work deserves to be widely read.

When you read a hyper-injunction what strikes you is the sheer sweeping arrogance of the way they make themselves almost totally secret. One of the many questions raised these injunctions is how they can be compatible with …

Posted in Op-eds | Also tagged and | 2 Comments
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