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Freedom of Expression vs Privacy

The Supreme Court came in for some fierce criticism today from some of our national papers following its judgment in PJS v News Group Newspapers Ltd [2016] UKSC 26.  This is the "celebrity threesome case" which saw the media challenge (successfully before the Court of Appeal) an injunction preventing the publication of the details of PJS.

Joshua Rozenburg's piece in the Guardian (link below) provides a more balanced analysis, but nevertheless concludes that the dissenting arguments of Lord Toulson were more convincing than those of the majority.

It is an interesting judgment for a number of reasons - the quote below relates to the Court of Appeal's findings in relation to section 12 of Human Rights Act 1998.  The Supreme Court found that this did not operate to give precedence to freedom of expression (Article 10) over the right to respect for private and family life (Article 8).

Whether the judgment truly hails the end of "kiss and tell" stories remains to be seen, as does whether NGN will continue this particular fight.