Friday, March 2, 2012

Can the tarnished system of gagging orders survive? ; r Allister may use privilege to name names r Internet coverage makes a farce of rulings r Actors are already identified on Twitter

THE future of superinjunctions has again been thrown into doubtamid warnings their effectiveness in Northern Ireland risks beingundermined by the internet and even Stormont.

The gagging orders have come under intense scrutiny in recentweeks after a series of celebrities were exposed online, despitebelieving the secret rulings would keep their alleged indiscretionsprivate.

Earlier this week it emerged that four superinjunctions have beengranted by the High Court in Belfast since 2007.

The revelation came 24 hours after a Sunday newspaper in theRepublic -- a separate legal jurisdiction -- reported details of analleged affair between two actors at the centre of asuperinjunction.

The pair were previously identified on Twitter, where users havebeen publishing the names of people said to have obtainedinjunctions, including footballer Ryan Giggs.

Yesterday TUV leader Jim Allister, who discovered the number ofNorthern Ireland gagging orders through an Assembly question,refused to rule out naming the holders in Stormont.

"There is privilege in the Assembly and it could be done ifthought to be prudent and the right thing to be done," he said.

It has highlighted the absurdity of the secretive gagging orderswhich dozens of cheating celebrities have obtained in an attempt toconceal their misdemeanours.

Giggs was finally unmasked after being named in the House ofCommons by an MP who used parliamentary privilege -- immunity fromcourt punishment -- to identify him.

Yet his name had been widely circulated to millions of people onthe internet.

Speaking last night, Mr Allister warned the effectiveness ofsuperinjunctions could be seriously compromised.

"The ingredients are there for this to turn into a farce," hesaid.

"What we may be seeing is that these superinjunctions have ashelf life which is not going to be great because of the multi-media factor and also, here in Northern Ireland, the border factor."

Mr Allister said the separate legal jurisdictions which operateon either side of the border -- effectively meaning a UK courtruling can be ignored in Dublin -- could further weaken theeffectiveness of a gagging order here.

At the weekend a married entertainer who had obtained aninjunction to hush up his affair with an actress was named in theIrish press. However, their identities cannot be published inNorthern Ireland or Great Britain because of the High Court gaggingorder.

John Hemming -- the MP who identified Giggs in Parliament -- saidignoring an injunction meant "the whole farce is just extended".

Mr Hemming also revealed that controversial former banks chiefSir Fred Goodwin had obtained a superinjunction. Mr Allister saidthe episode highlighted the weaknesses of superinjunctions.

"With the internet and particularly Twitter, which is what madethe Giggs issue so farcical, we have seen how these individuals canbe identified despite the most robust of injunctive reliefs, and theease with which anyone can find out what they are not supposed tofind out," he added.

"Superinjunctions should only be granted where they can operateeffectively. Once that is undermined, the justification forgranting one is also undermined."

However, Belfast-based media lawyer Paul Tweed believessuperinjunctions remain an effective and necessary part of the legalsystem.

"There has been a lot of publicity about footballers who haveobtained a superinjunction to cover up an affair, but there are manyother instances where they have been granted to people who have beenfacing extremely serious consequences," he said. "It is all verywell for a politician to use the protection of parliament to namesomeone with a superinjunction, but there are consequences to that.

"There are instances where there have been threats to life, wherepeople have been blackmailed and where the interests of youngchildren have been placed at risk.

"In these cases, once the horse has bolted and a newspaper haspublished, the damage is done and no amount of compensation is goingto remedy that."

Mr Tweed also said that where necessary, an individual can go tocourt in Dublin seeking a separate superinjunction to avoid beingidentified in the Republic. "We can, and have, gone into courts inDublin to gain simultaneous protection in both jurisdictions," headded.

Recently there have been calls for Twitter to hand over detailsof users who flout privacy laws.

CAPTION: Clockwise from far left: Natasha Giggs, wife of RyanGiggs' brother Rhodri who is alleged to have had an affair with thefootballer; model Imogen Thomas, and banker Fred Goodwin

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