Friday 13 May 2011

Blogger publishes super injunction order in full- The Inquirer

Blogger publishes super injunction order in full- The Inquirer

Blogger publishes super injunction order in full
Court then issues an injunction against him
By Lawrence Latif
Fri May 13 2011, 17:01 FREEDOM OF INFORMATION was the reason given by a blogger who published the full text of a gagging order.

As celebrities clamour to cover their indiscretions by asking judges to issue injunctions that suppress information, one blogger has gone a step further and revealed, in full, a gagging order. The super injunction was granted to a claimant, referred to as ZAM, to prevent details of his (mis)behaviour from becoming public.

Apparently Mr Justice Tugendhat granted the injunction because he felt that the allegations were "both extremely serious and defamatory" and their publication would "cause damage to the claimant which could not be compensated by damages", according to The Associated Press. To add a further bit of spice, the judge believed there was a chance that it was an attempt at blackmailing the claimant.

The blogger, who ironically now can not be named for legal reasons, said the order was "an affront to free speech". He questioned why, if as the judge thought there was a case of blackmail, the police had yet to be called. The blogger said, "I don't agree with the idea that someone going into court should try to silence us in this way." Well you certainly can't fault his logic and he even admitted that he wasn't worried that ZAM's lawyers might get heavy, as he doesn't have cash to pay any fines.

This is the latest case of internet users trying to get around so-called super injunctions that block the media from reporting news. These injunctions have been widely criticised for not only limiting the freedom of the press but also for bringing in a privacy law to do so on the sly.

The blogger is thought to be the first person who could be personally identified to release full details of a super injunction, and this is yet another very visible protest against silencing the public and the press. The question is whether judges will take into account the public's outcry against gagging orders or carry on with creation of a class of privacy law for the privileged few.

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