Articles 8, 10 and the ‘Super Injunction’ [updated x2]
1 February 2010
Article 8 of the European Convention on Human Rights enshrines the right to privacy. But Index on Censorship is concerned that this right is increasingly used as a pre-emptive alternative to a defamation suit. In some ways, a superinjunction works better than a libel suit: after all, in libel cases, the allegations must be published first, and there is a chance (though only slight) that the litigant may actually lose.
The Government is apparently surveying judges and libel lawyers at present with a view to changing the law. John Terry is not the first high profile example; late last year the energy company Trafigura, also attempted to use the super injunction to prevent the press reporting certain aspects of litigation against it.
Update – 2 Feb 2010: – Analysis of the effect of the judgment on Outlaw.com
Update – 23 Feb 2010: Analysis from the BBC