End injunction bid secrecy, judges say

2011-05-20 16:14:54

20 May 2011 Last updated at 18:16 Share this page Delicious Digg Facebook reddit StumbleUpon Twitter Email Print Media concession made in injunction report

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Public relations consultant Max Clifford has been speaking to the BBC about his views on the report and his experience of injunctions

But he warned that modern technology was "totally out of control" and society should consider other ways to bring Twitter and other websites under control.

The report comes at a time of unprecedented public interest and debate about the use of injunctions.

It addresses concerns over gagging orders such as injunctions and super-injunctions - court orders that prevent the media from revealing even the fact that an injunction has been granted.

The report addresses some concerns over secrecy although reporting restrictions would still protect people's anonymity.

But it would allow the press to know what it was they were not allowed to report.

BBC legal correspondent Clive Coleman says the report could not come at a more heated time, with injunctions flouted on Twitter and a campaign against a separate privacy law being conducted by judges.

The issue of privacy injunctions just will not go away, our correspondent says.

Justice Secretary Kenneth Clarke said the report "contains important recommendations which will ensure that injunctions are only granted where strictly necessary".

'Right balance'

"The government is considering the wider issues around privacy and freedom of expression," he said.

The report was introduced by the Lord Chief Justice and the Master of the Rolls

And Prime Minister David Cameron's official spokesman said Lord Neuberger's report was "a very useful report and we will consider it very carefully".

"We think it is important to find the right balance between the rights of privacy and the right to freedom of expression," he said.

Asked about Lord Judge's comments about lawmakers flouting court orders, the spokesman said the report did not appear to make any recommendation to change the law on parliamentary privilege.

Last month, Mr Cameron said Parliament, not judges, should decide on the balance between press freedom and privacy.

On Thursday, Lib Dem peer Lord Stoneham used parliamentary privilege to tell the Lords that ex-Royal Bank of Scotland head Sir Fred Goodwin had obtained an injunction to prevent reporting of a relationship he is alleged to have had with a senior colleague.

'Retrograde step'

Lord Stoneham's intervention caused the anonymity element of his injunction to be lifted at the High Court.

Sir Fred was widely criticised for his role in the near-collapse of the Royal Bank of Scotland (RBS).

The existence of Sir Fred's injunction had already been made public by Lib Dem MP John Hemming, again using parliamentary privilege.

Commenting on the suggestion in the review that reports of parliamentary comments which try to contravene injunctions might be in contempt of court, the Lib Dem MP as an attempt by the judiciary to discourage the media from reporting what happens in Parliament.

"This attempt to gag the media in discussing the proceedings in Parliament is, in my view, a retrograde step," said Mr Hemming.

He added: "What I find disappointing is that there does not seem to be any recognition by the committee that perhaps there is too much secrecy."

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