01 April 2011
Super-injunctions continue to evolve
The so called epidemic of super-injunctions has now spread from the arena of privacy/confidence and can now be applied to libel cases.
This is not altogether surprising given that rights of privacy and reputation can go hand in hand. However, it might be rather simplistic to view this development as simply a dangerous erosion of open justice. It is important to remember how fact sensitive such cases are.
Given that members of the public are not privy to the underlying facts, it makes questionable any criticism of the judiciary who are tasked with balancing freedom of speech and rights of privacy and reputation.
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