I don’t know how I feel about the whole super injunction thing. I have no interest in a sports player’s personal life, but I also hear and understand the arguments about it being the top of a slippery slope. I would like to trust the judgement of the the judiciary; on the whole I do although cases like Trafigura make me question. I have a feeling that a lot of the bile that has been spouted about the celebrities that are allegedly covered by these injunctions has relatively little to do with moral values or setting an example. It comes from jealousy and anger. Anger at ridiculous levels of pay; anger at things like corruption.
I don’t see these as valid reasons to drag the names, lives and loves of those involved through the mud. Anyone knows that no man is an island and the naming of these people will have consequences. Be they for their kids in the playground, their wives in the workplace, there will be consequences. Do these innocent parties deserve that, on top of the personal and emotional pain that they are exposed to by learning that their husband or father has been unfaithful? In my opinion, no.
Should companies that hawk their product on the back of a celebrity’s name demand to be informed contractually if one of these has been issued? I think that would be a good start in taking some of the legitimacy out of these revelations. If someone uses their name to profit and then does something that will damage that name then they should suffer for it. Legal protections such as these exist to protect people; Not to protect their incomes. A system allowing a distinction to be made would be a vast improvement.
In recent days there has been a new round of injunction breaking. Even if it were legal to I wouldn’t link to it given what has been revealed. I think David Aaronovitch summed it up perfectly on twitter:
I hope some people, having seen the details of injunctions posted on Twitter, now understand why they were granted. I am ashamed of us.
If you do decide to go hunting for what has been published you will easily find it. I hope it makes you as uneasy as it makes me.
In the mean time, those publishing on twitter or any other medium are breaking English and Welsh law and should be treated accordingly. If you decide to take it as far as it has gone without taking some basic precautions like using a VPN then I have little sympathy for you.
I can’t help but empathise with those involved; Those that are innocent but for their association and relation to someone with a talent that has granted them a god-like status amongst the tabloids. Anyone demanding that this kind of thing be published ‘in the public interest’ needs to start considering the people involved. I would hope that starts to add some shades of grey to your opinion.
At the beginning of this post I said that I didn’t know how I felt about injunctions, but I think in the course of writing it I have gained a better idea. I want to be sure that it can’t be abused, but I fully believe that their purpose is an important one.