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Super-Injunctions: stop the press – it’ll upset the kids!

20 April 2011

Another privacy super-injunction has been granted by the Court of Appeal, this time in respect of story concerning a married man within the entertainment industry (known as ‘ETK’), who had an affair with a married female colleague (known as ‘X’).

The Court of Appeal, overturning the High Court decision, found that it had erred when carrying out the “ultimate balancing test” between the right to privacy and freedom of expression. The lower court had not sufficiently taken into account the rights of X or ETK’s wife and importantly ETK’s teenage children.

This decision will anger the press, but it is clear that where children’s rights are at stake, courts will be quicker to gag the publisher. Of course, celebrities will now drag their children into the equation at every opportunity – it does seem harsh that they will now use their children’s distress at what they have done, as a means to obtaining their injunctions.

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Mark Daniels

Mark Daniels

Partner and Head of Business Services

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