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| Pianist James Rhodes wins right to publish autobiography telling of abuse | Pianist James Rhodes wins right to publish autobiography telling of abuse |
| (33 minutes later) | |
| A British performing artist who had been prevented from publishing his autobiography can be named after the UK supreme court lifted the injunction that had banned him from publishing a full account of his own life. | A British performing artist who had been prevented from publishing his autobiography can be named after the UK supreme court lifted the injunction that had banned him from publishing a full account of his own life. |
| The man who could be identified only as MLA during a year-long series of battles in the English courts is James Rhodes, the internationally renowned classical pianist. | The man who could be identified only as MLA during a year-long series of battles in the English courts is James Rhodes, the internationally renowned classical pianist. |
| Related: James Rhodes: a classical rocker with a passion for music in schools | Related: James Rhodes: a classical rocker with a passion for music in schools |
| The publisher of the book, who has been anonymised in previous court reports as STL, is Canongate. | The publisher of the book, who has been anonymised in previous court reports as STL, is Canongate. |
| Rhodes’s autobiography details sexual abuse suffered as a child, and the way in which his art helped him to cope with the trauma of his past. He and Canongate were banned from publishing the book after lawyers representing his former wife obtained an injunction, arguing that its descriptions of the sexual abuse were so disturbing that their son would suffer catastrophic psychological distress if he were to read it. | |
| His ex-wife’s case hinged on an obscure piece of Victorian case law, known as Wilkinson v Downton, in which a man who played a practical joke on an east London pub landlady in 1897 was found to be guilty of the “intentional infliction of mental distress”. | His ex-wife’s case hinged on an obscure piece of Victorian case law, known as Wilkinson v Downton, in which a man who played a practical joke on an east London pub landlady in 1897 was found to be guilty of the “intentional infliction of mental distress”. |
| Rhodes, 40, was in court to hear that the injunction was being lifted, accompanied by his friend Benedict Cumberbatch, the actor. Rhodes has said he believes it is particularly important that the voices of survivors of sexual abuse are not stifled. “Imagine someone from Rotherham being told they can’t come forward and talk about what happened to them as a result of legal action.” | Rhodes, 40, was in court to hear that the injunction was being lifted, accompanied by his friend Benedict Cumberbatch, the actor. Rhodes has said he believes it is particularly important that the voices of survivors of sexual abuse are not stifled. “Imagine someone from Rotherham being told they can’t come forward and talk about what happened to them as a result of legal action.” |
| He was supported by human rights groups and a leading writers’ organisation, which feared that the injunction presented a serious risk to the right to freedom of expression. | He was supported by human rights groups and a leading writers’ organisation, which feared that the injunction presented a serious risk to the right to freedom of expression. |
| The writers’ association English PEN, Article 19 and Index on Censorship, which defend and promote free speech, argued that an earlier judgment by the court of appeal – which had ruled that there should be a high court trial to decide the dispute – could have had a chilling effect on other writers tackling difficult subjects, should it have been allowed to stand. | The writers’ association English PEN, Article 19 and Index on Censorship, which defend and promote free speech, argued that an earlier judgment by the court of appeal – which had ruled that there should be a high court trial to decide the dispute – could have had a chilling effect on other writers tackling difficult subjects, should it have been allowed to stand. |
| Last year, 20 leading writers, including David Hare, Michael Frayn, William Boyd and Tom Stoppard, wrote to the Daily Telegraph to say they were “gravely concerned about the impact of this judgment on the freedom to read and write in Britain”. | Last year, 20 leading writers, including David Hare, Michael Frayn, William Boyd and Tom Stoppard, wrote to the Daily Telegraph to say they were “gravely concerned about the impact of this judgment on the freedom to read and write in Britain”. |
| Delivering Wednesday’s judgment, Lord Toulson said: “Freedom to report the truth is a basic right to which the court gives a high level of protection, and the author’s right to his story includes the right to tell it as he wishes.” | Delivering Wednesday’s judgment, Lord Toulson said: “Freedom to report the truth is a basic right to which the court gives a high level of protection, and the author’s right to his story includes the right to tell it as he wishes.” |
| Rhodes’s autobiography, entitled Instrumental, will be published next week. | Rhodes’s autobiography, entitled Instrumental, will be published next week. |
| Outside the court, he said: “Clearly this is a victory for freedom of speech. Much more importantly it is a powerful message to survivors of sexual abuse. | Outside the court, he said: “Clearly this is a victory for freedom of speech. Much more importantly it is a powerful message to survivors of sexual abuse. |
| “There is already too much stigma and shame surrounding mental health and sexual abuse. I’m relieved that our justice system has finally seen sense and not only allowed me to tell my story but affirmed in the strongest possible way that speaking up about one’s own life is a basic human right.” | “There is already too much stigma and shame surrounding mental health and sexual abuse. I’m relieved that our justice system has finally seen sense and not only allowed me to tell my story but affirmed in the strongest possible way that speaking up about one’s own life is a basic human right.” |
| His ex-wife obtained the injunction on behalf of the couple’s son after reading a leaked copy of the manuscript. The boy, who is approaching teenage years, has Asperger syndrome, attention deficit disorder and a number of other health problems. | His ex-wife obtained the injunction on behalf of the couple’s son after reading a leaked copy of the manuscript. The boy, who is approaching teenage years, has Asperger syndrome, attention deficit disorder and a number of other health problems. |
| Her lawyers denied that her case posed a threat to freedom of speech, saying it turned on specific facts concerning a vulnerable child and arguing that Rhodes had in the past recognised the need to protect his son from his history. | Her lawyers denied that her case posed a threat to freedom of speech, saying it turned on specific facts concerning a vulnerable child and arguing that Rhodes had in the past recognised the need to protect his son from his history. |
| She moved back to the US after the couple’s divorce in 2009. Such was the secrecy surrounding the case before Wednesday’s ruling that an earlier court of appeal judgment described her as living in “Ruritania”, while their son was described in the judgment as having “dual British and Ruritanian nationality”. | She moved back to the US after the couple’s divorce in 2009. Such was the secrecy surrounding the case before Wednesday’s ruling that an earlier court of appeal judgment described her as living in “Ruritania”, while their son was described in the judgment as having “dual British and Ruritanian nationality”. |
| While accepting that there was a public interest in the book being published, the appeal court had granted a temporary injunction and ruled that the question of whether the boy’s rights should take priority over those of his father should be decided at a full trial. | While accepting that there was a public interest in the book being published, the appeal court had granted a temporary injunction and ruled that the question of whether the boy’s rights should take priority over those of his father should be decided at a full trial. |
| The supreme court ruling overturns that decision. | The supreme court ruling overturns that decision. |
| Responding to the judgment, Stephen Fry tweeted: | Responding to the judgment, Stephen Fry tweeted: |
| I’m still stupidly teary about all this. If you knew what @JRhodesPianist has been through just for telling the truth http://t.co/8eJ3b4LVnA | I’m still stupidly teary about all this. If you knew what @JRhodesPianist has been through just for telling the truth http://t.co/8eJ3b4LVnA |