Stupid Injunction – Privacy Vs Freedom Of Expression

Dan Bull released “Stupid Injunction” as a response to the ongoing debate which is currently raging int he  UK surrounding the balancing of privacy concerns versus freedom of expression.

As the names of public figures alleged to have taken out ultra-restrictive gagging orders continued to circulate freely on Twitter – and newspapers from Spain to Peru repeated their identities – Culture Secretary Jeremy Hunt said the proliferation of information on the web had made a “mockery” of current privacy rules.

Mr Hunt raised for the first time the possibility of a new watchdog to ensure that social media such as Twitter and Facebook were subject to controls similar to those faced by the press and broadcasters, saying there may be a case for converging the regulation of traditional and new media.

In a signal that the Government could consider fresh legislation, he repeated David Cameron’s insistence that Parliament, rather than judges, should be responsible for ruling on the balance between privacy and freedom of expression.

Mr Hunt said: “We are in this crazy situation where information is available freely online which you aren’t able to print in newspapers. We are in a situation where technology, and Twitter in particular, is making a mockery of the privacy laws we have and we do need to think about the regulatory environment we have. In the end, I do strongly believe it should be Parliament, not judges, that decides where we draw the line on our privacy law.”

Alarm in Whitehall at the increased willingness of a small group of High Court judges, including media law specialist Mr Justice Eady, to impose gagging orders whose very existence cannot be disclosed has grown in the last 48 hours as the alleged identities of the super-injunction-protected celebrities circulate freely in cyberspace – while the mainstream media risks criminal sanction if it repeats the information.