Insanity Rules: UK Judge Says Mass Revealing Of Ryan Giggs Name Means Injunction Is Even More Necessary

Free Speech

from the wtf? dept

It is difficult to comprehend just how out of touch UK judges appear to be on the issue of these speech-blocking injunctions that the rich and famous are taking out in weak attempts to protect their actions from scrutiny. Yesterday, we noted that MP John Hemming had named Ryan Giggs as the person who had taken out an injunction concerning an affair with Imogen Thomas, confirming what pretty much all of the internet already knew. Many have assumed this meant “game over” for the injunction. And, that’s an entirely reasonable and logical response.

Except, apparently, to UK judges.

Glyn Moody directs our attention to the latest ruling from the judge concerning that injunction, which is just three paragraphs of stunning inanity, arguing that the widespread knowledge of Gigg’s situation is only further evidence of the need for the injunction, to prevent “harassment.” Here’s the entire ruling:

Mr Justice Tugendhat :

At about 1430 this afternoon Eady refused NGN’s application to remove the anonymity he had granted to the claimant on 20 April. He said at para 23 ([2011] EWHC 1326 (QB)) that “It is important always to remember that the modern law of privacy is not concerned solely with secrets: it is also concerned importantly with intrusion”. Intrusion in this sense includes harassment.

Very shortly afterwards a name was mentioned by Mr Hemming MP in the House of Commons in the course of a question which was interrupted by the Speaker. On that basis NGN asked me to hear a further application shortly after 5pm for the anonymity of the claimant to be removed. As the public now know, anyone who wanted to find out the name of the claimant could have learnt it many days ago. The reason is that it is has been repeated thousands of times on the internet. NGN now want to join in.

It is obvious that if the purpose of this injunction were to preserve a secret, it would have failed in its purpose. But in so far as its purpose is to prevent intrusion or harassment, it has not failed. The fact that tens of thousands of people have named the claimant on the internet confirms that the claimant and his family need protection from intrusion into their private and family life. The fact that a question has been asked in Parliament seems to me to increase, and not to diminish the strength of his case that he and his family need that protection. The order has not protected the claimant and his family from taunting on the internet. It is still effective to protect them from taunting and other intrusion and harassment in the print media.

Yes, read this again: “The fact that tens of thousands of people have named the claimant on the internet confirms that the claimant and his family need protection from intrusion into their private and family life. The fact that a question has been asked in Parliament seems to me to increase, and not to diminish the strength of his case that he and his family need that protection.” There seems to be a ridiculous level of cognitive dissonance from “Mr Justice Tugendhat” who doesn’t seem to recognize that the only reason why Giggs has been named so widely is because of the ridiculous injunction. If such an injunction had never been issued, then no such “harassment” would have occurred. And, is it really “harassment” to have someone accurate report something you did?

Filed Under: free speech, injunction, ryan giggs, uk