parents. Secondly, by section 12(4)(b), any court considering whether to grant either
an interim or a permanent injunction has to have “particular regard” to “any relevant
privacy code”. It is not disputed that the IPSO Code, which came into force in
January, is a relevant Code for this purpose. This, as Lord Mance has explained,
provides that “editors must demonstrate an exceptional public interest to over-ride
the normally paramount interests of [children under 16]”.
73.
This means that, at trial, the court will have to consider carefully the nature
and extent of the likely harm to the children’s interests which will result in the short,
medium and longer terms from the publication of this information about one of their
parents. At present, there is no evidence about this. It is possible that, at trial, the
evidence will not support any risk of harm to the children’s interests from
publication of the story in the English print and broadcasting media. It is possible
that the evidence will indicate that the children can be protected from any such risk,
by a combination of the efforts of their parents, teachers and others who look after
them and some voluntary restraint on the part of the media.
74.
On the other hand, it is also possible that the evidence will support a risk of
harm to the children’s interests from the invasion of their own and their parents’
privacy, a risk from which it will be extremely difficult to protect them. There is all
the difference in the world between the sort of wall to wall publicity and intrusion
which is likely to meet the lifting of this injunction and their learning this
information in due course, which the Court of Appeal thought inevitable. For one
thing, the least harmful way for these children to learn of these events is from their
parents. Their parents have the resources to take wise professional advice about how
to reveal and explain matters to their children in an age-appropriate way and at the
age-appropriate time. No doubt their parents are already giving careful thought to
whether this might be the best way of protecting their children, especially from the
spike of interest which is bound to result from this judgment let alone from any
future judgment. The particular features which are relevant to the balancing exercise
in this case are contained in three short paragraphs in the unredacted version of this
judgment. These unfortunately have to be redacted because it would be
comparatively easy to surmise the identity of the children and their parents from
them. There are particular reasons why care should be taken about how, when and
why these children should learn the truth.
75.
[redacted]
76.
[redacted]
77.
[redacted]
Page 34
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