PJS v News Group Newspapers

PJS v News Group Newspapers
Court Court of Appeal of England and Wales
Full case name PJS v News Group Newspapers Limited
Decided 22 January 2016
Citation(s) [2016] EWCA Civ 100
Transcript(s) British and Irish Legal Information Institute
Court membership
Judge(s) sitting Lord Justice Jackson,
Lady Justice King

PJS v News Group Newspapers ([2016] EWCA Civ 100) is an English legal case in which an anonymised privacy injunction[n 1] was obtained by a claimant, identified as "PJS", in order to prohibit publication of the details of a sexual encounter between him and two other people.[1]

Case history

The claimant is married to "YMA"; both are well known in the entertainment business.[2] The couple have young children.[3] PJS engaged in sexual activity with two individuals known as "AB" and "CD" who later approached The Sun on Sunday regarding their sexual encounter.[4]

On 18 January 2016, PJS applied to the High Court of Justice for an injunction to prohibit The Sun on Sunday from publishing the story. This was declined on the basis that publication would be in the public interest, as it would correct a false image of marital commitment that PJS had presented.

PJS appealed to the Court of Appeal, which granted the injunction on 22 January 2016. The Court ruled that the privacy rights of PJS under Article 8 of the European Convention on Human Rights outweighed the freedom of expression rights of the tabloid newspaper that wished to publish the story.[2] The judges found that the image of commitment PJS and YMA had presented was accurate, as commitment does not necessarily entail complete fidelity, and therefore the publication did not correct a false image and was not in the public interest.

Following the issuing of the injunction, the identity of PJS was revealed to be David Furnish by publications in the United States, Canada, Sweden and Scotland, none of which would be subject to the injunction.[5][6][7] Former Liberal Democrat MP John Hemming said that the matter 'isn't a secret anymore' and urged judges to lift the injunction.[3]

The Sun on Sunday appealed the ban on publishing the name of PJS,[5] and on 18 April 2016 the Court of Appeal ruled that the injunction should be lifted, as the allegations had been published widely both abroad and online.[8]

PJS appealed the decision to lift the interim injunction to the Supreme Court of the United Kingdom.[9] The court heard an appeal on 21 April 2016, and reserved its decision meaning it will decide whether or not to lift the injunction at a later unspecified date.[9]

See also

Notes

  1. ↑ The injunction has been incorrectly referred to as a "super-injunction" in some media reports. Super-injunctions prohibit publication of the fact that an injunction has been obtained.

References

  1. ↑ "PJS v News Group Newspapers". 5RB. 22 January 2016. Retrieved 13 April 2016.
  2. 1 2 Aidan's Blog (19 March 2016). "Case Law: PJS v News Group Newspapers, Court of Appeal grants privacy injunction – Sara Mansoori and Aidan Wills". Inforrm.wordpress.com. Retrieved 14 April 2016.
  3. 1 2 Agency. "Celebrity injunction: Former MP urges judge to lift privacy order". The Independent. Retrieved 19 April 2016.
  4. ↑ Barrett, David (21 March 2016). "The return of the injunction: Entertainer 'PJS' wins legal bid over extra-marital threesome". The Daily Telegraph. Retrieved 13 April 2016.
  5. 1 2 "Who is PJS? Court rules that injunction should be lifted". Theweek.co.uk. Retrieved 19 April 2016.
  6. ↑ "Why the English media could go to jail for reporting on the olive oil trysts of Elton John’s husband". National Post. 11 April 2016.
  7. ↑ "National Enquirer, Scottish newspaper connect Elton John, David Furnish to scandal". Toronto Star. 11 April 2016.
  8. ↑ "Celebrity injunction should be lifted, Court of Appeal rules - BBC News". Bbc.co.uk. Retrieved 19 April 2016.
  9. 1 2 "PJS -v- News Group Newspapers Ltd - The Supreme Court". Supremecourt.uk. Retrieved 19 April 2016.

External links

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