They are often commented on by online users, who see them as a way for celebrities to protect themselves from scandal.
But what are they really and do they actually work in the modern age of the internet?
An injunction is defined as “an injunction preventing a person from (i) releasing information concerning the applicant that is deemed confidential or private and (ii) informing others of the existence of the order and the order or to inform about it.” Procedure”.
Liberal Democrat MP John Hemming names Manchester United’s Ryan Giggs in the House of Commons debate as a footballer at the heart of the privacy injunction dispute
– ` Breaking News (@BBCBreaking) May 23, 2011
There is a great deal of confusion as to what types of injunctions are available to plaintiffs in data protection cases.
The three main forms of injunction:
- Traditional restraining order – Naming of the parties, but prevention of publication of the underlying facts.
- Anonymized restraining order – This is the more common form of injunction, allowing the existence of the injunction to be published but not the names of the parties.
- Super restraining order – This is a beefed up version of the anonymized restraining order. It is rare and states that not even the existence of the injunction may be made public.
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Perhaps most famously, disgraced former Manchester United footballer and Wales manager Ryan Giggs sought a restraining order to protect his identity over an alleged affair with a reality TV contestant, only to be related to the matter to be mentioned by Liberal Democrat MP John Hemming.
In May 2011, under the protection of parliamentary privilege, Hemming was able to reveal Giggs’ name in the House of Commons.
May 2011: John Hemming names Ryan Giggs for a restraining order over an alleged affair after 75,000 Twitter users called him online pic.twitter.com/rm1rHlONQf
— James Heale (@JAHeale) July 10, 2023
Mr Hemming addressed the issue of Twitter users violating the terms of the injunction – something that has become increasingly common since.
“Mr. Speaker, since about 75,000 people have named Ryan Giggs, it is obviously impracticable to have them all imprisoned,” he said in what was seen as a controversial application of ministerial privilege.
Then-Prime Minister David Cameron said: “It’s pretty unsustainable, this situation where newspapers can’t print something that everyone else is obviously talking about…”
Remember when Andrew #Marr was having an affair, issued a restraining order to hide the fact, admitted it, suffered a stroke and then had his ‘dutiful’ wife nurse him back to health! 👀 pic.twitter.com/bA3wZZqyke
— MrFireFly (@RufusInDaHouse) March 28, 2021
While the Giggs case did not involve a restraining order and was therefore not entirely exempt from coverage, it was a story that later came to light, worrying TV presenter Andrew Marr.
The former ` political editor and independent editor applied for protection in 2008 to cover up an extramarital affair before himself revealing its existence in an interview with the Daily Mail in 2011.
“I didn’t get into journalism to gag journalists,” he said. “Also, I had my own family to think about, and I felt like this story is nobody’s business.”
Still, he was criticized by Private Eye editor Ian Hislop for even asking for the restraining order. He argued: “As the `’s leading interviewer, questioning politicians about miscarriages of justice, lapses in their personal lives and inconsistencies, that was nice.” It is his rank that means he is entitled to an injunction while he is an active journalist.”
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