Coalition could axe the super-injuction

Super-injunctions could become a thing of the past, if justice minister Lord McNally’s hints are anything to go by.

McNally has said there is a need for legislation that “clarifies, consolidates and removes some of the more dangerous aspects of the way case law has grown up”.

A new privacy law could be implemented in order to put an end to judges creating precedents by stealth.

McNally told the Daily Telegraph: “If we are going to have a privacy law, it should be openly debated and freely decided by parliament.”

The second most senior judge in the UK, David Neuberger, has established a committee to examine the use of super-injunctions in British courts.

Super-injunctions have been used by those in the public spotlight to stop press outlets from reporting both stories and the identity of the person who has requested the ban.

The process of super-injunctions, which are granted at a judge’s discretion, has been criticised for covering up stories that should be in the public eye, such as the Trafigura controversy in 2009.

The suggestion of a change to super-injuction law comes after the coalition government announced last month that it was to review defamation law over concerns of ‘libel tourism’.

(Source: MediaGuardian, Daily Telegraph)

This article appears in issue 248 of Media Digest.

Photo taken by Flickr user smlp.co.uk, licenced under Creative Commons.

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