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May 09

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Super Injunctions And Freedom Of Speech

There is a heck of a lot of chatter about super injunctions going on in the newspapers, on tv and online. Today somebody has go onto twitter and apparently exposed some names of people who may, or may not, be the subject of these super injunctions.

I could hardly care less about who slept with who. Frankly I don’t really understand why anybody does care about such things. It may be mildly interesting in the same way you might be interested to know which of your frinds were sleeping together but it is hardly likely to change your life.

My opinion, for what it is worth, is that there is a case for preventing people profiting from selling their bedtime exploits story. You could make a case to say that to do so was prostituting yourself and prostitution is illegal still. It probably shouldn’t be but that is another argument for another day.

I do have real issues with the fact that someone who has been involved in some sort of relationship should be legaly prevented from saying so. I understand the argument that the ‘personality’ may suffer if they are exposed. Their family relationships may be damaged and they may lose income in the future if word gets out that they have been cheating on their partner. Tough.

If it is a problem for you and your career then maybe you should have thought about that before you did whatever you did. You have the right to say nothing about your personal life but why should you have the right to prevent another person speaking about what you have done with them.

There is something very uncomfortable about gagging people and preventing them saying what they have done. I don’t like the idea of kiss and tell stories and maybe there could be a way of preventing the newspapers and magazines from doing anything more than printing the facts of the case. i.e. no sexy pictures and no sexing up of the story but the other party should be able to have free speach about factual matters.

I have no idea who is involved in these gagging orders. I could list 100 names and suggest links between them all and I could be right or I could be wrong but the reality is this. Does it matter? Who cares what they have been up to. Unless it is a politician who tells others they should behave properly, according to their ‘family values’ while being a very different person in private it is none of my business.

I do think everybody should be entitled to a private life and any mistakes need to be dealt with by the people concerned and their families. The problem, in my opinion, is that newspapers are so ready and willing to pay out lots of money for a salacious story. If you have an affair and word gets out then so be it. You should not be able to prevent honest reporting but you should be able to prevent people profiting from your story and any consequent suffering you and you family experience.

Perhaps a requirement to pay the same amount to all parties mentioned in such a story would make newspaper editors less keen to spread the muck far and wide.

I don’t claim to know the solution to this problem but the current situation where one party to an affair can be named while the other cannot because of a super inunction is ridiculous and unfair. Something must be done to change the situation to support freedom of speech, freedom of the press and the freedom and privacy of individuals.




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Tommy Bloggs

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