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.

 

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George Eaton is political editor of the New Statesman.

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The 4 most unfortunate Nazi-EU comparisons made by Brexiteers

Don't mention the war.

On Tuesday morning, the Prime Minister Theresa May made her overtures to Europe. Britain wanted to be, she declared “the best friend and neighbour to our European partners”.

But on the other side of the world, her Foreign secretary was stirring up trouble. Boris Johnson, on a trade mission to India, said of the French President:

“If Mr Hollande wants to administer punishment beatings to anybody who seeks to escape [the EU], in the manner of some World War Two movie, I don't think that is the way forward, and it's not in the interests of our friends and partners.”

His comments were widely condemned, with EU Brexit negotiator Guy Verhofstadt calling them “abhorrent”.

David Davis, the Brexit secretary, then piled in with the declaration: “If we can cope with World War Two, we can cope with this."

But this isn’t the first time the Brexiteers seemed to be under the impression they are part of a historical re-enactment society. Here are some of the others:

1. When Michael Gove compared economist to Nazis

During the EU referendum campaign, when economic organisation after economic organisation predicted a dire financial hangover from Brexit, the arch-Leaver Tory MP is best known for his retort that people “have had enough of experts”.

But Gove also compared economic experts to the Nazi scientists who denounced Albert Einstein in the 1930s, adding “they got 100 German scientists in the pay of the government to say he was wrong”. 

(For the record, the major forecasts came from a mixture of private companies, internationally-based organisations, and charities, as well as the Treasury).

Gove later apologised for his “clumsy” historical analogy. But perhaps his new chum, Donald Trump, took note. In a recent tweet attacking the US intelligence agencies, he demanded: “Are we living in Nazi Germany?”

2. When Leave supporters channelled Basil Fawlty

Drivers in Oxfordshire had their journey interrupted by billboards declaring: “Halt Ze German Advance! Vote Leave”. 

The posters used the same logo as the Vote Leave campaign – although as the outcry spread Vote Leave denied it had anything to do with it. Back in the 1970s, all-Germans-are-Nazi views were already so tired that Fawlty Towers made a whole episode mocking them.

Which is just as well, because the idea of the Nazis achieving their evil empire through tedious regulatory standards directives and co-operation with French socialists is a bunch of bendy bananas.   

3. When Boris Johnson said the EU shared aims with Hitler

Saying that, Boris Johnson (him again) still thinks there’s a comparison to be had. 

In May, Johnson told the Telegraph that while Brussels bureaucrats are using “different methods” to Hitler, they both aim to create a European superstate with Germany at its heart.

Hitler wanted to unite the German-speaking peoples, invade Eastern Europe and enslave its people, and murder the European Jews. He embraced violence and a totalitarian society. 

The European Union was designed to prevent another World War, protect the rights of minorities and smaller nations, and embrace the tedium of day-long meetings about standardised mortgage fact sheets.

Also, as this uncanny Johnson lookalike declared in the Telegraph in 2013, Germany is “wunderbar” and there is “nothing to fear”.

4. When this Ukip candidate quoted Mein Kampf

In 2015, Kim Rose, a Ukip candidate in Southampton, decided to prove his point that the EU was a monstrosity by quoting from a well-known book.

The author recommended that “the best way to take control” over a people was to erode it “by a thousand tine and almost imperceptible reductions”.

Oh, and the book was Mein Kampf, Hitler's erratic, rambling, anti-Semitic pre-internet conspiracy theory. As Rose explained: “My dad’s mother was Jewish. Hitler was evil, I'm just saying the EU is evil as well.”
 

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.