69.
I referred in para 66 above to the indignation of the newspapers. It is easy to
understand, and indeed to sympathise with, the concern of NGN and other
newspapers at being excluded from reporting in this jurisdiction a story which is
available, at least in part, to people in this country via electronic media. I appreciate
that it is scant consolation, but the fact is that this situation arises from the perception
that a story in a newspaper has greater influence, credibility and reach, as well
greater potential for intrusion, than the same story on the internet.
70.
I also accept that, as many commentators have said, that the internet and other
electronic developments are likely to change our perceptions of privacy as well as
other matters - and may already be doing so. The courts must of course be ready to
consider changing their approach when it is clear that that approach has become
unrealistic in practical terms or out of touch with the standards of contemporary
society. However, we should not change our approach before it is reasonably clear
that things have relevantly changed in a significant and long-term way. In that
connection, while internet access became freely available in this country only
relatively recently, almost all the cases listed at the end of para 59 above were
decided since that happened, and many of those cases were decided after blogging
and tweeting had become common. It is therefore quite understandable that Mr
Millar QC, for NGN did not suggest that the law as laid down in those cases was
wrong or outdated; and, currently at least, I am unpersuaded that they do not
represent the law.
71.
In the light of the facts as they currently appear and the law as it has now
been developed, it appears to me that the interlocutory injunction sought by PJS
should be granted. The courts exist to protect legal rights, even when their protection
is difficult or unpopular in some quarters. And if Parliament takes the view that the
courts have not adapted the law to fit current realities, then, of course, it can change
the law, for instance by amending section 12 of the 1998 Act.
LADY HALE: (with whom Lord Neuberger, Lord Mance and Lord Reed
agree)
72.
I agree that this appeal should be allowed and the interim injunction restored
for the reasons given by Lord Mance. I wish only to add a few words about the
interests of the two children whom PJS has with YMA. It is simply not good enough
to dismiss the interests of any children who are likely to be affected by the
publication of private information about their parents with the bland statement that
“these cannot be a trump card”. Of course they cannot always rule the day. But they
deserve closer attention than they have so far received in this case, for two main
reasons. First, not only are the children’s interests likely to be affected by a breach
of the privacy interests of their parents, but the children have independent privacy
interests of their own. They also have a right to respect for their family life with their
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