capable of constituting a further tort of invasion of privacy, even in relation to persons to whom disclosure or publication was previously made - especially if it occurs in a different medium (see paras 34-37 below). 33. However, whether an interim injunction should be granted to restrain an anticipated tortious invasion of privacy raises different considerations from those involved in the simple question whether disclosure or publication would constitute a tortious act. The courts have to apply HRA section 12, and, before restraining publication prior to trial, have in particular to be “satisfied that the applicant is likely to establish that publication should not be allowed”. They have, under section 12(4), to have particular regard to the importance of the article 10 right to freedom of expression, although, as already explained (paras 19-20 above), that right has no necessary claim to priority over the need to have due regard to any article 8 privacy right which the applicant for an injunction enjoys. Where, as here, the proceedings relate to journalistic material (or conduct connected to such material) the courts must also have particular regard under section 12(4)(a) to two specific factors which point potentially in different directions: (i) the extent to which the material has, or is about to, become available to the public and (ii) the extent to which it is, or would be, in the public interest for the material to be published. Under section 12(4)(b), the courts must also have particular regard to any relevant privacy code. 34. As to the factor identified in section 12(4)(a)(ii), for reasons already given (paras 21-24 above), the present appeal must be approached, on the evidence presently available, on the basis that there is and would be effectively no public interest in a legal sense in further disclosure or publication. As to the factor in section 12(4)(a)(i), the requirement to have particular regard to the extent to which journalistic material (or conduct connected with such material) “has, or is about to, become available to the public” does not preclude a court, when deciding whether to grant or lift injunctive relief, from having regard to both a) the nature of the journalistic material involved and the medium in which it is, or is to be, expressed, and Page 21