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[personal profile] liadnan

Guardian injunction.

Not my field at all but has something happened to article 9 of the Bill of Rights while I wasn't looking? This doesn't quite fit with my understanding of how that works these days, particularly in the light of subsections 13(4) and 13(5) of the Defamation Act 1996, (nb that the privilege is not limited to defamation actions). And John Wilkes is spinning in his grave.

Good to see the Speccie coming to the Grauniad's defence though.

"Does Magna Carta mean nothing to you? Did she die in vain?"

ETA: Trafigura have now caved, shortly before the return date of 2PM today. Thought there were a surprising number of journalists round the back door when I went over this morning.

ETFA: the main story is to be found here, and see also Wikipedia. Do we think Trafigura, and Carter-Ruck, are maybe learning a bit about unintentional viral anti-marketing and the Streisand Effect? Though I can see some merit in Daniel Davies' suggestion that the Guardian may have been rather clever. The original injunction was granted on 11th September and Rusbridger twittered to that effect that day. On 12th October what he said was "Now Guardian prevented from reporting parliament for unreportable reasons. Did John Wilkes live in vain?" with a link to the Guardian story but no mention of a further injunction. What is not entirely clear to me is whether there was actually a further injunction on the 11th or 12th October covering reporting of the Parliamentary question listed for today, or whether it was merely that the 11th September injunction was so widely drawn as to cover reporting a parliamentary question, and/or Carter-Ruck insisted on the point (perhaps arguing it would be contempt) until withdrawing the whole application a couple of hours ago, shortly before the return. In which case it may be material to observe, as Davies does, that Farrelly has connections to Guardian/Observer people. Of course the point would not have arisen until someone actually did ask a question in the House.

Either way, the Grauniad deserves applause, as do BBC Newsnight, who are also in the frame on this one.

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