Are the rich and powerful increasingly using injunctions and so-called super-injunctions to gag the press from publishing stories about their private lives?
No one really knows, especially in the case of 'super-injunctions', where the media is prevented from revealing even the fact that an injunction has been granted.
In 2000 the Labour government passed the Human Rights Act, which wrote into UK law the European Convention on Human Rights. It established two very powerful, but contradictory rights.
The right to private and family life under Article 8 - the right to privacy.
And the right to Freedom of Expression under Article 10- the right that allows the press to publish.
So that seems to be where a super injunction is issue in the UK, no one can even report that person A has such an injunction, never mind what this injunction is the subject of.
Therefore it would be quite possible for us to quite innocently make a comment about person A without knowing that person A had such legal protection and that we could be found 'in contempt' with all the possible consequences that that might bring.
However this appears to be the UK Law 'position', so presumably this Law doesn't apply outside the UK's 'legal borders'.
Therefore we appear to be in the same situation as the UK Government were with Peter Wright & Paul Greengrass with their book "Spycatcher: The Candid Autobiography of a Senior Intelligence Officer" in 1985. The Government immediately acted to ban Spycatcher in the UK. Since the ruling was obtained in an English court, however, the book continued to be available legally in Scotland, as well as overseas. It also attempted halting the book's Australian publication, but lost that action in 1987; it appealed but again lost in June 1988.
English newspapers attempting proper reportage of Spycatcher's principal allegations were served gag orders; on persisting, they were tried for contempt of court, although the charges were eventually dropped. Throughout all this, the book continued to be sold in Scotland; moreover, Scottish newspapers were not subject to any English gag order, and continued to report on the affair.
:small-print:
So whilst we are not allowed to know who have super-injunctions at the moment, it appears that they can be reported outside the UK - even if the actual content behind them isn't reported. (Personally couldn't care is z list celeb A has slept with z list celeb B)
It begs the questions as to
a) why we are being kept in the dark about who has superinjunctions
b) why once again UK Law still seems so far behind the world today, i.e. the internet never mind 'social media' things like Twitter, Facebook, etc.