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Media Law

S/L/266. Has press freedom been silenced by the use of the super-injunction?

WORDS:

8200

DATE:

2010

PRICE:

89.99 GBP

This legal paper examines the issue of press freedom and whether it has been restricted due to the emergence of a new form of super-injunction. The paper presents a critical analysis of the alternative area of law affected by such injunctions, by considering the Minton Report, numerous legal cases and their outcomes, and the principle of open justice – determining whether the super-injunction is necessary in a democratic society. The paper determines whether such instruments are being used to undermine investigative reporting and free speech. The paper indicates how some protection is provided in English law, allowing the media to challenge super-injunctions, especially in the light of the European Convention on Human Rights 1950 enforcing the provision of Article 10 (Freedom of expression) which was incorporated into the Human Rights Act of 1998. However, the paper highlights the continued unpredictability in this area, due to differing legal interpretations of the Act, which has ultimately created a tension between the law and the free press. A case list is also presented.

KEYWORDS: Press freedom, super-injunctions, investigative reporting, free speech, European Convention of Human Rights 1950, Human Rights Act 1998,