In Defence of Super Injunctions

It’s no surprise that the loudest whinging about the recent spate of Super Injunctions has come from the more prurient elements of our national press. And while it’s always amusing to see the likes of The News of the World and The Daily Mail trampling over each other to claim the high moral ground, the principles at stake here are far from trivial and demand to be addressed.

Article 8 of the European Convention on Human Rights affords all individuals (celebrities or otherwise) the right to respect for their private and family life as well as their home and correspondence. Unfortunately certain journalists have consistently exploited the fundamental rights to freedom of expression (outlined in Article 10 of the same Convention) to undermine that privacy.

Blocked by Super Injunctions from publishing big name exposés, the press noisily laments the death of freedom of speech. But have no doubt, they are tears for unsold units not the decline of democracy.

In a civilised society, we all deserve the right to privacy – as do our families. Only when our private actions impinge upon the public good should they be the subject of media scrutiny. Conversely, there is simply no way our lives are improved or protected by us devouring the private indiscretions of top footballers or soap stars.

Yes despite Super Injunctions, social networks can still spread tittle-tattle with impunity. But kept out of the main press, it’s seen by relatively few and after a while tends to run out of steam. Also, the public tends to be far more sceptical of stories posted by Twitter and the like. Furthermore, given the lack of profit these networks deliver to the story’s original author, it could hopefully lead to ‘kiss and tell’ losing its lustre for the media in general.

With invasive journalistic methods like phone hacking almost systematic
in the seedier parts of Fleet Street, the tabloids’ obsession with all things sex and all things celebrity seems out of control. Witness the feeding frenzy around Pippa Middleton since the Royal Wedding. No part of her life is now safe from the prying lens of ravenous ‘public interest’. Frankly, it’s about time our press grew up. And if it takes a dose of Super Injunctions to make it happen, so be it.