The independent
Government ministers are “actively considering” plans to water down celebrities’ ability to prevent the British media from publishing material through court injunctions, according to reports.
It comes after a “well-known” public figure took out an injunction to prevent the Sun on Sunday from publishing details of an extra-marital “three-way sexual encounter” and details of an “open” marriage with their partner
The individual is referred to by the initials PJS and their partner is referred to as YMA in the case. The couple’s identity, however, was revealed in American publications and circulated on social media. The Sun on Sunday had wanted to publish an account of their “sexual exploits” with others.
Conservative MP Philip Davies condemned the injunction and said that the situation is a “farce” and has made an “ass out of the law” in the UK.
But speaking to the Sunday Telegraph, a Whitehall source said: “It’s an issue which has been under active consideration,”
According to the newspaper the source said the government was looking to re-balance the law so injunctions are more difficult to obtain using “right to private life” claims under Article 8 of the European Convention on Human Rights.
A spokesperson for the Ministry of Justice said to The Independent the department “does not comment on stories from unnamed sources”.
“The principal issue in this appeal is whether the first instance judge, who refused to grant an injunction, properly balanced the competing rights which are in play,” wrote Lord Justice Jackson in his ruling regarding the “well-known” public figure.
Justice Jackson said he and Lady Justice King had decided to allow their appeal after balancing their human right to respect for family life and the newspaper’s right to free expression.
Lord Justice Jackson said publishing the story would be “devastating” for the claimant under Article 8 of the European Convention on Human Rights and would “generate a media storm” – saying the couple’s two children would become the subject of increased press attention.
Lord Justice Jackson said both PJS and YMA had been in an “open” relationship but were committed to each other and their children.
“They maintained that they had not courted publicity about their private life. They said that the various press articles about them were substantially true. They had been in a relationship for many years. The relationship was an open one.
“YMA accepted that from time to time the claimant had sexual encounters with others. The relationship between the claimant and YMA was one of commitment. They provided a loving home for their children.”
