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Hyper injunctions in the dock for undermining freedom of speech

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By The Drum Team, Editorial

March 21, 2011 | 2 min read

First there was just the plain old injunction and then there was the rise of the super-injunction, now an even more punitive form of gagging order has emerged, the “hyper injunction”.

The latest breed of gagging order was revealed in parliament where MPs railed against the “affront to democracy” which bars voters from speaking with their MPs.

Going one step further than the “super” variety, recently employed by disgraced banker Sir Fred Goodwin to prevent the media describing him as a banker, the “hyper” injunction prohibits any discussion between MPs, journalists and lawyers on blacklisted topics.

Illustrating this legal block Liberal Democrat MP John Hemming informed the House of the case of an individual being gagged from saying paint used in passenger vessels water tanks could break down and release toxic chemicals.

The unnamed individual received a two week suspended sentence for discussing the case with a lawyer on whether he could pursue the case on a no-win, no-fee basis.

Niri Shan, the head of media law at the legal firm Taylor Wessing, told the Telegraph: "I have never seen a super-injunction that bans someone from speaking to an MP. One of the fundamental rights that you have as a citizen is that you should be able to speak to your MP, particularly if it relates to matters of public concern.

"This is the development of privacy law through the courts as opposed to Parliament legislating on it. It is deeply concerning, and undermines freedom of speech."

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