How second male celebrity with injunction blocking public allegations could still be named
A high-profile celebrity who has a legal injunction blocking his identity being made public due to serious allegations made against him could still be named, despite the serious legal order preventing it.
It was revealed earlier this week that, in addition to David Walliams having tried and failed to have an injunction placed to block The Guardian and ITN’s investigation into claims of sexual misconduct made against him, there was a second high profile male celebrity who had succeeded in their bid.
This was revealed on the Private Eye Podcast by journalist Justine Smith, who alleged they had ‘multiple, multiple victims’.
There was outrage on social media over the injunction, with many questioning the legalities over naming the person. Well, there are actually two key ways in which the injunction can be circumvented.
An MP could legally say their name in Parliament without repercussion, and this has actually happened once before
In 2011, an injunction that prevented the publication of allegations of an affair was in place surrounding ex-Manchester United footballer Ryan Giggs, with multiple legal challenges against this failing.
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Giggs was revealed in parliament to be the man behind this injunction, preventing publication of details about his affair with reality TV star Imogen Thomas, by Liberal Democrat MP John Hemming.
Giggs had already been named 75,000 times on X (then known as Twitter), and Hemming used the absolute privilege afforded to MPs in Parliament to comment on the impracticality of the law by highlighting that ‘you could not imprison 75,000 people’ for this.
Speaking exclusively to LADbible, James Howarth, reputation and privacy partner at Howes Percival, said of this right: “MPs have freedom of speech when in the Chamber. This right goes back to the 17th century and is absolute.”
This ‘absolute privilege’ means that MPs cannot be bound by court orders when speaking in Parliament and is an ironclad defence against libel. Legislation dating back to 1689 states that MPs have ‘absolute freedom of speech’ and cannot be questioned or impeached by any court for their remarks in chambers.
Hemming came under fire from the speaker John Bercow at the time and criticism from other MPs but faced no legal repercussions for naming Giggs.
This means that, if any MP knew the identity of the person behind the second celeb’s injunction and could figure out a way to say it in Parliament, it would become public knowledge.
A second tactic, however, was employed during Giggs’ case which could also apply to this one.
Publications outside England and Wales could publish the name – but it could be risky
Giggs’ identity was made public prior to it being revealed in court, even if that’s what made it fair game in England and Wales.
The footballer’s identity was first published by a Scottish newspaper as they are not bound by legal injunctions in the English and Welsh legal system.
James Howarth told LADbible: “Injunctions are territorial in nature. The court in England & Wales cannot bind a court in another country and the party seeking the injunction would need to make an application in that country.
“However, there are reasons (such as a media organisation also having operations within the area covered by the injunction) which means that they can be practically effective.”
This means that, whilst Scottish or American newspapers would technically have free reign to publicise these allegations as long as the injunction was not applied for there, if they any operations in England and Wales it could be a legal grey area.
All in all, the chances of their identity being made public may be slim, but they’re not zero.
Topics: TV and Film, Celebrity, UK News
Michael Slavin
