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Lawyers leap to Carter-Ruck’s defence

Kudos to The Lawyer for addressing the 'other side' of the argument (not many publications will). But while some of the interviewees' justifications might work from a legal perspective, they all miss the point about why the media are upset. It's not a question of whether injunctions themselves are wrong, as many of the commentators seem to suggest. Of course people have a right to complain and block unfair reporting. The point is that it's unacceptable - even undemocratic - to use an injunction, designed to protect personal privacy, to block reporting of parliamentary questions. The reason is simple: you can't have an accountable, transparent government otherwise. This much should be obvious but not one of the lawyers you quote even mentions it, except of course Gill Phillips. MPs' health issues and Ashley Cole's sex life have nothing to do with Trafigura's so-called super-injunction. And by the way, suggesting the media are trying to "curtail the right of its subjects to complain" is absurd in this context.

26-Oct-2009

10:53 am