Superinjunction threads
Discussion
Chaps,
As much of an ass as the law quite clearly is on this issue, it is nonetheless the law. If we name anyone in possession of a super-injunction then we're in contempt of court, and PH is unfortunately just big enough to be a potential target for any legal action. Contempt of court is a criminal, not civil, offence and the penalties are more serious. The other key difference between this and anything libellous is that a poster would be equally liable and equally likely to be hauled before the courts as a media owner.
So for this reason we'd appreciate if you were to steer clear of this subject matter for now. We've had a look at how other forums are dealing with this and even the football forums are moderating against injunction breaks.
Serious stuff, and the legal landscape is changing by the minute, but please respect our view on this for now.
As soon as the situation changes, we'll change our policy - it really isn't our desire to unnecessarily stifle debate on this issue, but we must protect ourselves.
Thanks,
Stuart
As much of an ass as the law quite clearly is on this issue, it is nonetheless the law. If we name anyone in possession of a super-injunction then we're in contempt of court, and PH is unfortunately just big enough to be a potential target for any legal action. Contempt of court is a criminal, not civil, offence and the penalties are more serious. The other key difference between this and anything libellous is that a poster would be equally liable and equally likely to be hauled before the courts as a media owner.
So for this reason we'd appreciate if you were to steer clear of this subject matter for now. We've had a look at how other forums are dealing with this and even the football forums are moderating against injunction breaks.
Serious stuff, and the legal landscape is changing by the minute, but please respect our view on this for now.
As soon as the situation changes, we'll change our policy - it really isn't our desire to unnecessarily stifle debate on this issue, but we must protect ourselves.
Thanks,
Stuart
Apparently, there are supposed to be 53 such injunctions in force. Of course, we are not supposed to know this so we could be committing the crime of contempt of court and not be aware we are doing so.
That is the whole farcical nature of the situation and the sooner the concept of these injunctions is binned, the better.
That is the whole farcical nature of the situation and the sooner the concept of these injunctions is binned, the better.
Puggit said:
Hugo a Gogo said:
how do we know who we shouldn't name?
Quite right!How do the general public know who is subject to an injunction (at what level)?
If I was staying at an hotel & saw a former Miss Wales & a Man U player retiring to a room together & I tweeted about it would I be in trouble?
Fittster said:
Is PH anything but a brand of Haymarket Consumer Media? Surely it's Haymarket media who would end up in court.
Is Michael Heseltine ultimately the owner of the site?
It is, and the individual who'd ultimately end up in court is an interesting one. However I'm not particularly inclined to find out!Is Michael Heseltine ultimately the owner of the site?
It is a stupid situation, but at present we believe we've no choice but to take this line. The minute it changes, we'll change our policy on this.
PaulHogan said:
Happy to respect you on this. But can you clarify if this includes the Welsh footballer and the City banker or can we regard these two as now being in the public domain?
This means anyone - individual or company - subject to a superinjunction until such time as that injunction is lifted. Thus Marr's affair is absolutely fine, welsh footballers not so.
Digga said:
For absolute safety's sake - by means of sure and total avoidance of inadvertently naming anyone subject to a super injunction - might I suggest we now restrict all discussions to people who are either deceased or fictional?
That's a point. Does an injunction cease with death or could the estate prosecute?Bloody hell this ventures deep into the realms of the ridiculous doesn't it.
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