
The sight of a
tearful Imogen Thomas sat on the This Morning sofa telling the world how her reputation had been trashed whilst the rich footballer with whom she had a six-month fling is safely hiding behind a gagging order, would shake even the toughest of viewers. The debate around the use of privacy laws to block embarrassing stories which could harm or humiliate families have proved incredibly controversial over the last few weeks. It is also important to note that these are not allegations of defamation, whereby the court order claims the account of Miss Thomas is untrue. Actually, the very fact that the loophole of ‘privacy’ is being drawn upon to gag the former Big Brother star is effectively an admission of guilt by the other party involved, saying it did happen, but if you report it then the story would breach my privacy.
There have been numerous injunctions granted to a series of public names recently, but few have captured the interest and imagination of the Imogen Thomas case. This is party because of her media-friendly image, which has included a stream of stories and snaps from freelance photographers as the national media have watched her struggle again the wealthy footy star. What is also most striking about this case is that this is one of the first court orders to be officially breached via social networking site Twitter. A hastily whipped up Twitter account has proceeded in revealing the names of those who have taken legal action to stop their names hitting the press, but the account has also made at least two glaring errors in the identification process, causing a great deal of stress for others who have nothing to do with the super injunction farce.
Many media commentators have claimed that Twitter, which is based in San Francisco, is outside of UK jurisdiction and therefore free to allow these comments to be published. In legal terms this is indeed true, but completely overlooks the fact that users of the site are publishing content in the public domain and thus liable for a breach of the court order if they reside within the UK. Every computer has a footprint or an IP address, and users eagerly posting behind the assumed wall of anonymity should tread carefully. Legal papers have been served via an URL sent in a direct message
over Twitter before, the moment you click on the link, your computer’s unique number will be logged. It only takes a few more steps before your service provider is forced to reveal your name and home address and thus you are served with papers for breaching a court order and could end up in jail.
But rather than have a series of vigilantes naming and shaming all the wrong people, it would be better for Imogen to confirm the name of the man herself, thus breaching the court order and opening the floodgates for more stories. Imogen can and will win this battle in court, and that’s the court of public opinion. In doing so, she will set a new benchmark for free speech and destroy the draconian privacy laws that have hampered our national media for so long.