Friday, April 22, 2011

Privacy farce as BBC is forced to blank out parts of Have I Got News For You as MP almost identifies footballer at centre of injunction scandal


Censored: Louise Bagshawe MP
Censored: Louise Bagshawe MP
The BBC was last night forced to blank out parts of Have I Got News For You to protect the identity of a celebrity who has won a gagging order.
Tory MP Louise Bagshawe came close to identifying a married Premier League footballer who had an affair with Big Brother star Imogen Thomas – but was censored.
It came as Ken Clarke was urged to order judges to put freedom of the press before the privacy of the rich and famous. Senior Tory John Whittingdale said the Government should intervene after a series of injunctions were handed down by the courts.
Last night, as part of the BBC One show’s ‘odd one out’ round, four images of people who have taken out injunctions were displayed with their faces blacked out. Miss Bagshawe, who is also a novelist, said: ‘You’re not allowed to know who they are. They may or may not have done something with ladies who are not their wives. One of them definitely doesn’t rhyme with… even though he is a footballer.’
When she said the rhyme, the sound was muted and a black bar was slapped across her mouth.
Nearly 30 footballers, actors and television presenters have won injunctions in recent weeks alone, muzzling the press from printing details of their sexual indiscretions.
Senior Tory John Whittingdale (pictured) has urged Ken Clarke to order judges to put freedom of the press before the privacy of the rich and famous
Senior Tory John Whittingdale has urged Ken Clarke (pictured) to order judges to put freedom of the press before the privacy of the rich and famous
Senior Tory John Whittingdale, left, has urged Ken Clarke to order judges to put freedom of the press before the privacy of the rich and famous
Yesterday Mr Whittingdale said judges should be reminded that the Human Rights Act, passed by MPs in 1998, tells courts to put freedom of expression first.
While the Act enshrines contradictory rights to privacy and freedom of expression, Section 12 makes clear the courts ‘must have particular regard’ for press freedoms.
A judge recently muzzled the media to prevent the identity of a Premier League footballer who had an affair with Big Brother contestant Imogen Thomas being revealed
A judge recently muzzled the media to prevent the identity of a Premier League footballer who had an affair with Big Brother contestant Imogen Thomas being revealed
Mr Whittingdale, who chairs the Commons Culture, Media and Sport committee, demanded answers from the Ministry of Justice, headed by justice secretary Mr Clarke, about the overall number of injunctions and superinjunctions – which ban the media from even reporting that an injunction has been issued.
He said: ‘When we passed the Human Rights Act, Parliament was very clear that freedom of expression should be given a greater emphasis than privacy – and yet that doesn’t seem to be happening.
‘We need to find out whether there is a widespread practice now of judges granting injunctions.
‘If that is the case we need to consider whether Parliament’s will contained in the Human Rights Act is being implemented by the judges. If not, the Ministry of Justice needs to remind judges that Parliament is clear that freedom of expression needs to take priority.’
Miss Bagshawe said she was considering using parliamentary privilege, which allows MPs to speak without fear of prosecution, to name and shame in the Commons the stars who have taken out injunctions. David Cameron has accused judges of using the Human Rights Act, which enshrines the European Convention on Human Rights into British law, to usher in a privacy law by the back door.
The Ministry of Justice has told MPs that it only collects details of the number of applications for an injunction, not the outcomes.
The growing trend has provoked claims that only the wealthy can afford expensive lawyers to help hush up their indiscretions.
The 26 public figures granted injunctions in recent weeks include a celebrity family man who has suppressed sordid sexual images of himself with a woman who is not his wife, a Premier League footballer who had an affair with Big Brother contestant Imogen Thomas and an actor who slept with a prostitute.
Mr Clarke is expected to draw up new regulations after Master of the Rolls Lord Neuberger concludes a report on injunctions next month.

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