The legal consequences of Mr Giggs

Is there now any point to privacy law?

The tabloid press, which casually disregarded phone hacking and data protection law for nearly a decade, appears to have now won a skirmish in the on-going "privacy wars".

The publication of the name of Ryan Giggs seems to be a victory, though the injunction that prevents further intrusion is still in place and, as with Max Mosley, it is still perfectly open for Mr Giggs to make a damages claim. It may well be that the court will award exemplary damages. Discrediting a particular privacy injunction, or the notion of privacy injunctions generally, does not mean that the law of privacy has gone away. It is just that one particular remedy may need to be re-assessed.

But the interim injunction was an important remedy in privacy law. It supposedly prevented the private information being disclosed in the first place, and so sought to ensure that the genie was kept in its bottle. Private information, once made public, cannot be made private again. The interim privacy injunction gave real effect to the right to privacy, which every person has under the Human Rights Act.

Against this, the tabloids want to be able to publish just what they want, regardless of the laws on phone hacking, data protection, contempt of court, and personal privacy. The tabloids, in effect, want no law to apply to them that would fetter their absolute freedom to publish.

The question is whether this should now be the case. Should the law just give up in respect of tabloids?


David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

Show Hide image

En français, s'il vous plaît! EU lead negotiator wants to talk Brexit in French

C'est très difficile. 

In November 2015, after the Paris attacks, Theresa May said: "Nous sommes solidaires avec vous, nous sommes tous ensemble." ("We are in solidarity with you, we are all together.")

But now the Prime Minister might have to brush up her French and take it to a much higher level.

Reuters reports the EU's lead Brexit negotiator, Michel Barnier, would like to hold the talks in French, not English (an EU spokeswoman said no official language had been agreed). 

As for the Home office? Aucun commentaire.

But on Twitter, British social media users are finding it all très amusant.

In the UK, foreign language teaching has suffered from years of neglect. The government may regret this now . . .

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.