Privacy and Injunctions - Evidence - Parliament

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Richard Caseby, Group Managing Editor, News Group Newspapers, Dominic Mohan, editor, The Sun, and Justin Walford, Editorial Legal Counsel, News Group Newspapers—Oral evidence (QQ 1511–1593) readers to look at what is being said on the internet. As a result, this person’s name becomes more and more widely spread, to such an extent that at some stage you take a decision that you may as well publish his name in the newspaper because it is now in the public domain and no one can complain—a bit like breaching the injunction ordered by the judge because the name was mentioned in Parliament. Is that the sort of thing that your newspaper does? Justin Walford: No. I do not think any newspaper could make a decision that there was enough material in the public domain that they would now just— Q1577 Lord Gold: No, you are picking up on the last bit. Start at the beginning on whether you followed it through in the hope that in due course you would be allowed to publish the story. Richard Caseby: That has not been done with any intention like that. In a way, the same argument could have been used a generation ago. When I was on The Sunday Times there was the “Spycatcher” book; I don’t know whether you remember it at all. It was published, I think, in New Zealand. Lord Thomas of Gresford: Australia. Richard Caseby: I am sorry; Australia. It was a very old-fashioned form of social media, in a way; it was out there, in the public domain, in another part of the world. Eventually, The Sunday Times published it. Q1578 Lord Thomas of Gresford: I do not think you are quite grasping the point. It is circular, isn’t it? You encourage people to look at Twitter, then you say, “Well, it’s out.” You go to the court and you ask the judge to reverse the injunction that has been served on you. So in the space of about two days you have got that name on your front page, because you have encouraged people to look at Twitter. Dominic Mohan: Surely we are not encouraging censorship of reporting things that are being discussed on Twitter by millions of people. That would be quite draconian. Q1579 Lord Thomas of Gresford: Was the injunction served on The Sun, as a matter of interest, in the case of Ryan Giggs? Justin Walford: Yes, the injunction was served; there is no dispute about that. I can see where you are going with this: if you like, you bring about the application you can make to court to put it to one side. I do not think that actually happened, however. Q1580 Lord Thomas of Gresford: I have quoted the passage from the newspaper, which seems to suggest that that is exactly what happened. Justin Walford: What happened was that we picked up on—as did Fleet Street as a whole; it was not just The Sun—major discussions that were already on Twitter. It was not a 790
Richard Caseby, Group Managing Editor, News Group Newspapers, Dominic Mohan, editor, The Sun, and Justin Walford, Editorial Legal Counsel, News Group Newspapers—Oral evidence (QQ 1511–1593) situation where one newspaper decided to say, “If you look at Twitter you will find it”, so lots of people looked at Twitter to find it. It was a situation where lots of people on Twitter were discussing it and had found it. Fleet Street as a whole, including The Sun, reported that. Dominic Mohan: As did TV. Justin Walford: Yes. It was on television as well. Richard Caseby: Perhaps MPs should not offer tabloid newspapers temptation. Q1581 Lord Thomas of Gresford: I am sorry, could you please repeat that? Richard Caseby: Well, we have had names mentioned in the House of Commons of people who have been subject to injunctions. We have had injunctions breached by members of the House of Commons, have we not? not. Q1582 Lord Thomas of Gresford: We do not approve of that, or at least I do Richard Caseby: I am just saying that it is an obvious temptation to report what happens in the House of Commons. Q1583 Lord Thomas of Gresford: I have referred to something that is circular, but it is quite possible that a newspaper reporter or even an editor could encourage someone to put the name up on Twitter in the first place. Richard Caseby: There is no evidence that that has ever happened at The Sun. Q1584 Lord Thomas of Gresford: I am not saying that there is evidence, but it is a temptation, isn’t it? Then you say to your readers, “Gosh, there is something on Twitter you should look at.” They look at Twitter, and you go to court and say, “Look, everybody knows. Why can we not discharge your injunction?” Richard Caseby: It is hypothetical. That could happen. Justin Walford: I see what you are saying, and, purely personally, what you are saying is totally logical and makes sense. I do not believe it has actually happened, but of course there is a temptation there and it could happen. You are quite right. I think we have got to agree that of course there is a temptation there. I do not believe that in this instance that is what happened but, yes, you have identified a potential problem. Q1585 Chair: Is there anything specific that you think should be done to encourage this understandable level playing field, which is really what you are arguing for, between the print and the online media? 791
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get us started. What positives and
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