Click to play
Lord Neuberger: "Where secrecy is ordered, it should only be to the extent strictly necessary to achieve the interests of justice"
The media should have the chance to contest applications for injunctions and "super-injunctions" before they are granted, a report by top judges says.
The report said super-injunctions were now being granted for "short periods" and only where "secrecy is necessary".Committee chairman Lord Neuberger also said reports of parliamentary comments which tried to contravene injunctions might be in contempt of court.
It comes as a footballer started proceedings against Twitter.
The player is already involved in legal proceedings against the Sun newspaper and the former Big Brother star Imogen Thomas. He is now taking action against the social networking site for allegedly publishing information covered by a super-injunction.
The player, identified only by the initials CTB, has lodged papers at the High Court.
Lord Neuberger, who is the most senior civil judge in England and Wales, has chaired a year-long inquiry by a committee of judges and lawyers.
Downing Street said the "useful report" would be considered "very carefully".
The committee of judges said:
- Super-injunctions and other injunctions "can only be granted when they are strictly necessary"
- There was "no doubt" that super-injunctions were once granted "far too often"
- Only two super-injunctions had been granted since January 2010
- Super-injunctions were now only granted for very short periods where secrecy is essential
- Whenever any "anonymised" order was made the court should provide a reasoned judgement for its decision
It says: "We have tried to achieve a procedural system which strikes a fair and proper balance between the principles of open justice and freedom of expression for the public and media and an individual's right to confidentiality and privacy."Continued
No comments:
Post a Comment