This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.bbc.co.uk/go/rss/int/news/-/news/uk-13516941

The article has changed 6 times. There is an RSS feed of changes available.

Version 0 Version 1
Injunctions doubt as footballer Ryan Giggs named by MP Injunctions doubt as footballer Ryan Giggs named by MP
(40 minutes later)
The future use of injunctions could be in doubt after the naming in Parliament of a footballer who tried to use one to hide an alleged affair.The future use of injunctions could be in doubt after the naming in Parliament of a footballer who tried to use one to hide an alleged affair.
Lib Dem MP John Hemming named Manchester United star Ryan Giggs in a Commons question on privacy orders.Lib Dem MP John Hemming named Manchester United star Ryan Giggs in a Commons question on privacy orders.
The prime minister has called for a review into the use of injunctions, calling it "unsustainable".The prime minister has called for a review into the use of injunctions, calling it "unsustainable".
BBC legal affairs correspondent Clive Coleman said the system was now looking "weak and fractured".BBC legal affairs correspondent Clive Coleman said the system was now looking "weak and fractured".
Using parliamentary privilege to break the court order, Mr Hemming said it would not be practical to imprison the 75,000 Twitter users who had named the player.Using parliamentary privilege to break the court order, Mr Hemming said it would not be practical to imprison the 75,000 Twitter users who had named the player.
The High Court rejected two attempts on Monday to overturn the ban, the first after a Scottish paper named the footballer on Sunday, and the second after Mr Hemming's action.The High Court rejected two attempts on Monday to overturn the ban, the first after a Scottish paper named the footballer on Sunday, and the second after Mr Hemming's action.
Media lawyers think it is likely that the publishers of the Sun newspaper will try to get it lifted again on Tuesday.Media lawyers think it is likely that the publishers of the Sun newspaper will try to get it lifted again on Tuesday.
The player obtained the order against ex-Big Brother contestant Imogen Thomas, who is a former Miss Wales, and the Sun.The player obtained the order against ex-Big Brother contestant Imogen Thomas, who is a former Miss Wales, and the Sun.
The footballer's lawyers have also obtained a High Court order asking Twitter to reveal details of users who had revealed his identity after thousands named him.The footballer's lawyers have also obtained a High Court order asking Twitter to reveal details of users who had revealed his identity after thousands named him.
'Weak and fractured''Weak and fractured'
The Attorney General Dominic Grieve told the Commons the prime minister had asked for a joint committee of peers and MPs to investigate the use of privacy orders.The Attorney General Dominic Grieve told the Commons the prime minister had asked for a joint committee of peers and MPs to investigate the use of privacy orders.
On Monday, the prime minister said banning newspapers from naming such stars while the information was widely available on the internet was both "unsustainable" and "unfair". The prime minister has said banning newspapers from naming such stars while the information was widely available on the internet was both "unsustainable" and "unfair".
Our correspondent said if no solution could be found there could be a stream of cases going to the European Court of Human Rights complaining that the government had failed to protect their right to privacy.Our correspondent said if no solution could be found there could be a stream of cases going to the European Court of Human Rights complaining that the government had failed to protect their right to privacy.
Conservative MP John Whittingdale who will chair the committee on privacy, said ministers needed to act quickly.
"The internet is already distributing names of people who have injunctions on a daily basis. The law is clearly not working. And that's not a situation we can allowed to continue for long," he said.
Parliamentary privilege protects MPs and peers from prosecution for statements made in the House of Commons or House of Lords.Parliamentary privilege protects MPs and peers from prosecution for statements made in the House of Commons or House of Lords.
Addressing MPs, Mr Hemming said: "Mr Speaker, with about 75,000 people having named Ryan Giggs it is obviously impracticable to imprison them all." Addressing MPs on Monday, Mr Hemming said: "Mr Speaker, with about 75,000 people having named Ryan Giggs it is obviously impracticable to imprison them all."
House of Commons speaker John Bercow interrupted the MP saying: "Let me just say to the honourable gentleman, I know he's already done it, but occasions such as this are occasions for raising the issues of principle involved, not seeking to flout for whatever purpose."House of Commons speaker John Bercow interrupted the MP saying: "Let me just say to the honourable gentleman, I know he's already done it, but occasions such as this are occasions for raising the issues of principle involved, not seeking to flout for whatever purpose."
'Flout the law''Flout the law'
John Hemming later told the BBC why he had named Mr Giggs.John Hemming later told the BBC why he had named Mr Giggs.
"Basically when he... showed that he was going to go after relatively normal people and try and prosecute them, for gossiping about him on a matter of trivia, I think he has to be held to account for that," he said."Basically when he... showed that he was going to go after relatively normal people and try and prosecute them, for gossiping about him on a matter of trivia, I think he has to be held to account for that," he said.
John Whittingdale, Conservative chairman of the Commons culture committee, said he "regretted" Mr Hemming's use of parliamentary privilege to name Mr Giggs. Mr Whittingdale said he "regretted" Mr Hemming's use of parliamentary privilege to name Mr Giggs.
"Firstly because I think, if MPs think the law is wrong then we should change the law rather then flout the law," he said."Firstly because I think, if MPs think the law is wrong then we should change the law rather then flout the law," he said.
"And secondly because the result of that is that the only thing being reported is the name of Ryan Giggs and we're rather losing sight of the bigger issue, which is how the law of privacy is operating in the UK.""And secondly because the result of that is that the only thing being reported is the name of Ryan Giggs and we're rather losing sight of the bigger issue, which is how the law of privacy is operating in the UK."
BBC legal affairs correspondent Clive Coleman said the combination of pressure from the print media, Tweets and MPs using parliamentary privalege, meant the privacy injunction system is in disarray.
"With national newspapers printing pictures of the footballer Ryan Giggs, the only meaningful way of protecting privacy, the injunction, is looking weak and fractured, " our correspondent said.
Cindy Cohn, legal director for the Electronic Frontier Foundation which advises digital companies on privacy law, said Twitter's users - rather than Twitter itself - should be responsible for what is said.
"If you start making Twitter responsible for what its customers say, you turn it into a censor and you probably drive it out of the business."
Mr Justice Eady said when rejecting a second application - the first of Monday's attempts - by Sun publisher News Group Newspapers to discharge the privacy injunction, that the court's duty "remains to try and protect the claimant, and particularly his family, from intrusion and harassment so long as it can".Mr Justice Eady said when rejecting a second application - the first of Monday's attempts - by Sun publisher News Group Newspapers to discharge the privacy injunction, that the court's duty "remains to try and protect the claimant, and particularly his family, from intrusion and harassment so long as it can".
In another case brought by a separate footballer, known to the court as TSE, a High Court judge ruled on Monday that comments on Twitter about the private life of a famous person did not mean there should be no injunction preventing newspapers from publishing stories about him.In another case brought by a separate footballer, known to the court as TSE, a High Court judge ruled on Monday that comments on Twitter about the private life of a famous person did not mean there should be no injunction preventing newspapers from publishing stories about him.