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Guardian gagged from reporting parliament

The Guardian has been prevented from reporting parliamentary proceedings on legal grounds which appear to call into question privileges guaranteeing free speech established under the 1688 Bill of Rights.

Today's published Commons order papers contain a question to be answered by a minister later this week. The Guardian is prevented from identifying the MP who has asked the question, what the question is, which minister might answer it, or where the question is to be found.

The Guardian is also forbidden from telling its readers why the paper is prevented - for the first time in memory - from reporting parliament. Legal obstacles, which cannot be identified, involve proceedings, which cannot be mentioned, on behalf of a client who must remain secret.

The only fact the Guardian can report is that the case involves the London solicitors Carter-Ruck, who specialise in suing the media for clients, who include individuals or global corporations.


This is bad. Very bad, indeed.


Money is a sign of Poverty - Culture Saying
by RogueTrooper on Tue Oct 13th, 2009 at 04:43:13 AM EST
[ Parent ]
Diary?

En un viejo país ineficiente, algo así como España entre dos guerras civiles, poseer una casa y poca hacienda y memoria ninguna. -- Gil de Biedma
by Migeru (migeru at eurotrib dot com) on Tue Oct 13th, 2009 at 04:44:37 AM EST
[ Parent ]
Not a good idea as I don't know ET's liability regarding UK libel laws. This is being covered by Guido Fawkes blog, who is basically going "so sue me" to the lawyers and is also being covered via dKos, who being American, have the Ist amendment to protect them.

keep to the Fen Causeway
by Helen (lareinagal at yahoo dot co dot uk) on Tue Oct 13th, 2009 at 05:08:27 AM EST
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Never thought about that oO

It may depend where the servers for this blog are physically cited?

I posted the article "from" the Netherlands so I (hope) Dutch laws gives me some protection.

Money is a sign of Poverty - Culture Saying

by RogueTrooper on Tue Oct 13th, 2009 at 06:06:42 AM EST
[ Parent ]
It may increasingly depend on just where stuff is published, meaning, on Internet, almost everywhere. UK libel law being very favourable to the plaintiff, we are likely to see more and more suits under UK law.

IANAL, but I can't see any libel in what you posted.

by afew (afew(a in a circle)eurotrib_dot_com) on Tue Oct 13th, 2009 at 06:16:38 AM EST
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Yes, this should be a diary. I will try to do something later today.

Money is a sign of Poverty - Culture Saying
by RogueTrooper on Tue Oct 13th, 2009 at 06:04:41 AM EST
[ Parent ]
The Telegraph has managed to point its readers to the story, lightly disguised as a story about Twitter in the technology section.
by gk (g k quattro due due sette "at" gmail.com) on Tue Oct 13th, 2009 at 07:50:49 AM EST
[ Parent ]
Gag on Guardian reporting MP's Trafigura question lifted | Media | guardian.co.uk

The existence of a previously secret injunction against the media by oil traders Trafigura can now be revealed.

Within the past hour Trafigura's legal firm, Carter-Ruck, has withdrawn its opposition to the Guardian reporting proceedings in parliament that revealed its existence.

Labour MP Paul Farrelly put down a question yesterday to the justice secretary, Jack Straw. It asked about the injunction obtained by "Trafigura and Carter-Ruck solicitors on 11 September 2009 on the publication of the Minton Report on the alleged dumping of toxic waste in the Ivory Coast, commissioned by Trafigura".

The Guardian was due to appear at the High Court at 2pm to challenge Carter-Ruck's behaviour, but the firm has dropped its claim that to report parliament would be in contempt of court.

Here is the full text of Farrelly's question:

by afew (afew(a in a circle)eurotrib_dot_com) on Tue Oct 13th, 2009 at 09:33:37 AM EST
[ Parent ]
Sounds like what are called SLAPPs in the USA, (Strategic Lawsuits Against Public Participation), but on steroids and with prior restraint. But with the current degree of corporate interest domination of law and politics in the Anglo world, it is probably too much to expect a law to be passed limiting such abuses.

As the Dutch said while fighting the Spanish: "It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue Oct 13th, 2009 at 11:00:55 AM EST
[ Parent ]

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