All Posts Tagged With: "privacy law"

JOURNALISTS USE SUPER-INJUNCTIONS TOO.

There are very few of us – individuals and corporate bodies – who want nasty stories about our activities to appear in the papers. And those of us who anticipate such an event and feel we are justified in protecting our privacy have the option to instruct specialist lawyers like Carter Ruck to do what they can in the British courts to bring that about. It is after all the courts, not national newspapers who administer justice in this country.

          In the case of Trafigura, there’s little doubt that they were at fault, and in due course, this would have emerged as a result of Paul Farrelly’s questioning in the House of Commons and the availability of parliamentary records online (aided by Stephen Fry’s relentless twittering). It is irrational to want to shoot Carter Ruck for being Trafigura’s messenger. In law everyone is entitled to defend his/her position.

          And it’s worth remembering that these kinds of super-injunctions aren’t only used by large sinful corporations.

          Sometimes journalists use them too – take the case of Andrew Marr last year [see: http://www.peterburden.net/archives/18], when he sought and was granted an injunction against the reporting of an injunction over a court case involving his private life – a protection of his privacy to which he was perfectly entitled. It’s not important whether or not he employed Carter Ruck (he may have done; I haven’t checked), but it was important that his lawyers could use this legal tool.

          It makes no sense to get excitable and decry a useful aspect of the law while lambasting those who take advantage of that law, on the grounds that sometimes evil-doers take temporary cover under it. And you can’t blame Carter Ruck for trying – especially when, as a result of the provisions of the 1689 English Bill of Rights, they failed.

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Mariella Frostrup defends the Shag-Rags Right to Pry

Mariella Frostrup, writing in the Guardian today, feels that laws (bizarrely headlined ‘draconian’) proposed to protect personal privacy are a threat to public interest. The idea that papers should be required to forewarn victims of the intended publication of intimate details of their private lives was put forward by Max Mosley in his evidence to the ongoing CMS Committee Inquiry. Ms Frostrup and most other commentators on the subject are journalists who persistently show a knee-jerk aversion to any suggestion that their sacred right to reveal whatever they like should be restrained. Most readers of serious papers wouldn’t argue with the importance of wholly truthful reportage when it concerns matters of genuine public interest (a politician’s lies, a criminal’s crimes or a bishop’s hypocrisy) but Mariella Frostrup and many of her colleagues continue to ignore the fact that any breaches of privacy or transgressions of the Data Protection Act are (and would remain) clearly defensible in law on public interest grounds.

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Even foul-mouthed chavs have a right to privacy

Of the many shamelessly self-promoting food processors currently crawling all over British television screens, Gordon Ramsay is the least appealing. That he should allegedly have ended up with one of Jeffrey “Pinocchio” Archer’s cast-offs is about what he deserves, especially one who’s so cheap she’s happily sold her story and posed for the country’s most pernicious Shag Rag.

But even foul-mouthed, culinary bullies are entitled to privacy – however many more alleged lovers the Screws may try to haul from his cupboard.

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Muck-raker Dacre decries the right to personal privacy.

When Max Mosley sued the News of the World for invasion of privacy last July, and won, Paul Dacre’s paper launched a vicious personal attack against Mr Justice Eady, the High Court judge who made the ruling. He ordered his hacks to write pages of frothy-mouthed vindictive in which the judge’s personal life was attacked from every angle. It was disturbing to witness a full-grown man behaving like a small child who thought someone was trying to take away his favourite toy. (see my blog post: “Why are the Mail backing the Screws?” July 27th.)

The papers for which Dacre is responsible, the Mail and the Mail on Sunday rival the News of the World in their lust for the blood of wounded celebrities. The Mail on Sunday in particular, under the specious guise of Guardian of the Moral Values of Middle England, loves to get down and dirty among the private traumas of the rich and famous.

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Cameron Diaz and Jennifer Lopez sought justice in Britain

The Independent’s Legal Forum has commented on what it describes as a “LIBEL TOURIST INVASION.”

The use of “Invasion”, in a way that is uncharacteristic of the Indie, gives an indication of the paper’s position as it sets out to describe how a number of American celebrities – Cameron Diaz, Britney Spears, Jennifer Lopez, among others – who have been subjects of defamatory stories in the American press have found it more effective to sue these publications in Belfast or London, on the grounds that UK editions are available, or the information can be seen by British readers on the papers’ websites.

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Why are the Mail backing the Screws?

Paul Dacre’s conference on Thursday, once the Max Mosley v News of the World judgment had been handed down, must have been as rambunctious as they come. He ordered an all-out 5-page, sixteen gun broadside against the judge in the case, Mr Justice Eady and all he stood for. The judge is to be the victim of a campaign that will see him intimidated and harried until he loses the urge to make judgments that don’t match the thinking of the Nation’s greatest middle-England organ, and the thoughts of Chairman Dacre.

Star scribbler, witty, biting Quentin Letts was told to lead the attack.

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