Tiger Woods's gagging order will backfire

In this internet age any injunction is self-defeating

Tiger Woods's injunction against the British press has once again made the UK the laughing stock of the world when it comes to free speech. It's remarkable that Woods and his lawyers have embarked on this self-defeating course of action.

The pragmatic case against the injunction is that in the age of the internet any gag is destined to fail on its own terms. As the humiliating experience of Trafigura and Carter-Ruck demonstrated, injunctions only succeed in drawing attention to the story the claimant is attempting to suppress.

Under the terms of the injunction (which was immediately published on the celebrity website TMZ), the New Statesman, like other titles, is banned even from discussing the nature of any material that might be subject to the court order. But that hasn't stopped a network of anonymous bloggers from doing so.

The principled case against the injunction is that Woods lost his right to privacy by actively presenting himself as a role model. He built a $1bn brand around his image as a clean-cut, honest and virtuous individual.

"I think it's an honour to be a role model," he once said. "If you are given a chance to be a role model, I think you should always take it because you can influence a person's life in a positive light, and that's what I want to do."

Moreover, by publicly admitting to "trangressions" (an action he now surely regrets), he gave credibility to the media's lurid accounts of his sex life.

Woods would not have dared seek an injunction in the United States, where the First Amendment guarantees free speech. But in Britain, where Mr Justice Eady's one-man war on free expression continues, he predictably succeeded.

In our leader last week, we warned that Britain's draconian libel laws had made it the "destination of choice for oligarchs and plutocrats who wish to evade scrutiny and intimidate their opponents". To that list we can now add philandering celebrities.

Jack Straw has pledged to reform the system radically and tackle the growth of "libel tourism". After this latest embarrassment, he must act with greater haste.

 

Follow the New Statesman team on Twitter

George Eaton is political editor of the New Statesman.

Getty
Show Hide image

In your 30s? You missed out on £26,000 and you're not even protesting

The 1980s kids seem resigned to their fate - for now. 

Imagine you’re in your thirties, and you’re renting in a shared house, on roughly the same pay you earned five years ago. Now imagine you have a friend, also in their thirties. This friend owns their own home, gets pay rises every year and has a more generous pension to beat. In fact, they are twice as rich as you. 

When you try to talk about how worried you are about your financial situation, the friend shrugs and says: “I was in that situation too.”

Un-friend, right? But this is, in fact, reality. A study from the Institute for Fiscal Studies found that Brits in their early thirties have a median wealth of £27,000. But ten years ago, a thirty something had £53,000. In other words, that unbearable friend is just someone exactly the same as you, who is now in their forties. 

Not only do Brits born in the early 1980s have half the wealth they would have had if they were born in the 1970s, but they are the first generation to be in this position since World War II.  According to the IFS study, each cohort has got progressively richer. But then, just as the 1980s kids were reaching adulthood, a couple of things happened at once.

House prices raced ahead of wages. Employers made pensions less generous. And, at the crucial point that the 1980s kids were finding their feet in the jobs market, the recession struck. The 1980s kids didn’t manage to buy homes in time to take advantage of low mortgage rates. Instead, they are stuck paying increasing amounts of rent. 

If the wealth distribution between someone in their 30s and someone in their 40s is stark, this is only the starting point in intergenerational inequality. The IFS expects pensioners’ incomes to race ahead of workers in the coming decade. 

So why, given this unprecedented reversal in fortunes, are Brits in their early thirties not marching in the streets? Why are they not burning tyres outside the Treasury while shouting: “Give us out £26k back?” 

The obvious fact that no one is going to be protesting their granny’s good fortune aside, it seems one reason for the 1980s kids’ resignation is they are still in denial. One thirty something wrote to The Staggers that the idea of being able to buy a house had become too abstract to worry about. Instead:

“You just try and get through this month and then worry about next month, which is probably self-defeating, but I think it's quite tough to get in the mindset that you're going to put something by so maybe in 10 years you can buy a shoebox a two-hour train ride from where you actually want to be.”

Another reflected that “people keep saying ‘something will turn up’”.

The Staggers turned to our resident thirty something, Yo Zushi, for his thoughts. He agreed with the IFS analysis that the recession mattered:

"We were spoiled by an artificially inflated balloon of cheap credit and growing up was something you did… later. Then the crash came in 2007-2008, and it became something we couldn’t afford to do. 

I would have got round to becoming comfortably off, I tell myself, had I been given another ten years of amoral capitalist boom to do so. Many of those who were born in the early 1970s drifted along, took a nap and woke up in possession of a house, all mod cons and a decent-paying job. But we slightly younger Gen X-ers followed in their slipstream and somehow fell off the edge. Oh well. "

Will the inertia of the1980s kids last? Perhaps – but Zushi sees in the support for Jeremy Corbyn, a swell of feeling at last. “Our lack of access to the life we were promised in our teens has woken many of us up to why things suck. That’s a good thing. 

“And now we have Corbyn to help sort it all out. That’s not meant sarcastically – I really think he’ll do it.”