Monday 23 May 2011

Superin-joke-tion

After a Twitter account revealed the (potential) details of a superinjunction, an injunction with the added clause against revealing any details, with a footballer and a Big Brother contestant a frenzy has erupted that I think is dangerous.

Twitter went crazy with people tweeting about the names of the parties involved, and eventually the press joined in as soon as their lawyers thought they could get away with it.

These injunctions exist as a way of enforcing the right to privacy under the Human Rights Act. The concept of the ‘superinjunction’ itself is being made a scapegoat here, with the media salivating at the lucrative details waiting to be published. The issue I take is that is that newspapers are a business – they exist first and foremost for profit. They know what sells, and what sells en masse. Daily Mail hysteria, tits in the Sun – these are what get the punters in. Where a famous person is sticking his dick is of paramount importance – to them.

I feel as if the public has been used. By repeating the details of the injunction, could there be a case for the injunction to come down, as it is potentially not enforceable anymore? MPs looking for political gain by abusing parliamentary privilege to embrace this name-and-shame creates a frenzy, and brings further into question the validity of such an injunction existing in our legal frameworks.

At a time when the News International phone hacking scandal is once again picking up steam, as even more allegations against corruption are being raised, questioning just what interests the media serves (itself) and what the standard of ethics they possess (very poor); there is now the perfect distraction, as Alastair Campbell pointed out.

Superinjunctions have been previously used in the past, notably by Trafigura to cover up environmental abuses. These laws are designed to protect the vulnerable from real danger – not for the rich and powerful to maintain a public image. By breaking the law and revealing the details of these injunctions, I fear we are playing right into their hands by bringing down the tone of the debate. This can’t end well.

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