Maybe I'm being a bit thick! But I really don't understand how a super-injunction can possible work in the day of mass-user digital publishing.
Here's my query. Let's say I've seen person X doing something very naughty, but not illegal, on a number of occasions. I decide that I'm going to blog about X's behaviour because that person has been very critical of other people doing the same thing and I believe that X is being hypocritical. I go home and blog about X being very naughty, unknowing that X has a super-injunction preventing people discussing his/her naughty behaviour.
If what I had written was a lie and damaging to X, I would be looking at the wrong end of a libel suite, and rightly so. But if X wasn't being naughty they wouldn't need a super-injunction. If what I've written is true, and I can prove it to be true, I can use the first and most powerful defence against a libel action which is to prove justification.
If I have never been served with the super-injunction covering X's behaviour how can I know that there is a ban on their actions being written about? Surely I can't be held in contempt if I was unaware that the injunction even exists. If the court issues the super-injunction to everyone who could potentially publish the story it would need to go to everyone with a blog, twitter account, facebook page etc. etc. etc. rather defeating the object of the super-injunction.
Maybe I'm missing something really obvious and if I am please let me know.
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1 comment:
To be honest I've not heard of several of the people mentioned...I am re-posting the details though.
More importantly, as yet, we don't know the details about the MPs who have taken out superinjunctions...I'm scouring the internet to try and get the details though.
I haven't been served with an injunction yet...come and try to get me!
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