From The Boston Globe · · 1m 50s
British courts use gag orders to silence critics
Two celebrity cases reveal how British courts issue gag orders to protect powerful figures from scrutiny.
In brief
Two celebrity cases reveal how British courts issue gag orders to protect powerful figures from scrutiny. British courts have used injunctions to silence critics of celebrities like Russell Brand and David Walliams, sparking government action to address abuse of legal process. Originally reported by The Boston Globe.
Celebrity cases spotlight gag orders
Two recent cases have brought new attention to how british laws allow the wealthy and powerful to silence critics through court injunctions.
Russell Brand's injunction case
Before his conviction this month, brand obtained an injunction prohibiting another accuser from telling almost anyone about her claims he assaulted her.
David Walliams' temporary block
The guardian and itv news were temporarily blocked from reporting allegations against walliams before a judge declined to make the injunction permanent.
Public outrage over gag orders
The revelations have provoked public and political outrage as judges issue 'super injunctions' that prohibit publishing even information about the injunction itself.
Government response
The government is 'looking at what we can do' to prevent abuses of process and stop abusive injunctions that stop scrutiny and accountability.
Historical roots of libel law
British libel law developed in the 17th century to stop aristocrats from settling reputational disputes by dueling, according to geoffrey robertson.
Burden of proof difference
In britain, defendants bear the burden of proof for libel claims, unlike the united states where plaintiffs must prove statements are false.
Media affordability challenges
As media profits fall, british newspapers and tv journalists struggle to afford deep-pocketed individuals for libel cases.
Preventing speech through injunctions
British courts use injunctions to prevent speech that could cause distress, unlike the united states where prior restraint is disfavored.
Government proposed solutions
Limiting gag order duration and banning orders preventing speech about harassment could address abuse of injunctions.
What matters most
British courts have used injunctions to silence critics of celebrities like Russell Brand and David Walliams, sparking government action to address abuse of legal process.
