preventing publication of what is widely known, if it is not to lose public respect for
the law by giving the appearance of being out of touch with reality.
89.
Lord Mance says at para 33 that the requirement under section 12(4)(a)(i) of
the HRA for the court to pay particular regard to “the extent to which the material
has, or is about to, become available to the public” must be considered with
reference to the form in relation to which injunctive relief is to be sought. As I read
the words of the Act, they require the court to take into account how generally
available the information has become from whatever source, be it broadcast
journalism, print journalism, the internet or social media. The evident underlying
purpose of the subsection is to discourage the granting of an injunction to prevent
publication of information which is already widely known. If the information is in
wide, general circulation from whatever source or combination of sources, I do not
see that it should make a significant difference whether the medium of the intended
publication is the internet, print journalism or broadcast journalism. The world of
public information is interactive and indivisible.
90.
I do not underestimate the acute unpleasantness for PJS of the story being
splashed, but I doubt very much in the long run whether it will be more enduring
than the unpleasantness of what has been happening and will inevitably continue to
happen. The story is not going to go away, injunction or no injunction. It is a fact of
life that stories about celebrities sometimes acquire their own momentum. In relation
to the children, the Court of Appeal took account of their position both in its January
judgment and in its recent judgment. They are very young and there are various steps
which their parents can take to shield them from the immediate publicity. As the
Court of Appeal said, it is inevitable in the longer term that the children will learn
about these matters and their parents have no doubt already considered how they
propose to handle it.
91.
The case of Editions Plon v France, to which Lord Mance has referred, arose
from the publication shortly after the death of President Mitterand of a book by his
doctor entitled “Le Grand Secret”. The French court granted an application by the
late president’s widow and children for an interlocutory injunction to stop its
distribution. The doctor was subsequently prosecuted, fined and given a suspended
prison sentence. Final judgment in the civil proceedings was given nine months after
the president’s death. Substantial damages were awarded to his widow and children
and the injunction was made permanent. The Strasbourg court held that the
temporary injunction had been legitimate, because the publication had occurred so
soon after the president’s death when his family were grieving. It did not consider
that the permanent injunction satisfied the requirement of serving a pressing social
need, particularly having regard to the other remedies which had been ordered and
to the fact that the story was widely available on the internet. I recognise that the
facts were very different from those of the present case, and that the content of the
book raised matters of undoubted public interest, but the case nevertheless shows
Page 38
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières