Super-injunctions: Twitter Sued by Footballer (UK)

In what may be the first lawsuit against the microblogging site, an English footballer is suing Twitter and its users after a/some Tweeter(s) purported to reveal the name of a player who allegedly had an affair with a model. The lawsuit lists the defendants as “Twitter Inc and persons unknown” according to reports. It seems like we finally have an answer to how Twitter gags could potentially be enforced. Sort of.

A little backstory might be helpful. The British legal system allows for people, usually the rich and famous, to get something called a “super-injunction” on the press to not only prevent them from reporting on something, like cover up scandals, but also prevents the press from reporting that the injunction itself exists. This super-secrecy, however, also raised major concerns that such injunctions effectively kill the fundamental open access aspect of the judicial system. A new report by UK’s Lord Neuberger clarified that, such injunctions are only meant to be granted on ”very limited circumstances” and normally for short periods of time. The report affirms that justice does sometimes requirea degree of secrecy, but the media and public must know why.

It has always been a fine balance between freedom of expression and open justice, and an individual’s right to confidentiality and privacy.  The rise of social media, however, with its technology enabled speed and anonymity, throws that balance hugely in favour of the former, eroding whatever effectiveness super-injunctions may have had.

Which is why Twitter is now being sued. Super-injunctions were flouted over the footballer’s case, particularly via Twitter, so what else can an embarrassed football star do? The clash of between freedom of expression, open justice and an individual’s right to confidentiality and privacy will only continue to escalate in the future. We will see how effective this particular method of enforcement will be.