Ratio Decidendi
An injunction restraining publication of private information can be maintained even after the information has been published abroad and is widely available online, because publication in a national newspaper would cause additional harm through the 'hardcopy' factor and the intrusion into private life under Article 8 ECHR.
حقائق
PJS, a public figure, sought an injunction to prevent publication of a story about his sexual encounters. The information had already been published in the US and was widely available on social media and the internet.
فیصلے کا خلاصہ
The Supreme Court (4-1) held that the injunction should remain in place. Publication in a national newspaper would cause additional and qualitatively different harm. The Article 8 right to privacy can outweigh Article 10 freedom of expression even where information is available elsewhere.
اہم اقتباسات
"Publication in hard copy in a national newspaper has a different and more enduring impact than digital publication."
— Lord Mance
بعد کا علاج
Applied in subsequent privacy injunction cases involving social media publication.