Still Awaiting Celebrity Threesome Injunction Decision

supreme court

PJS -v- News Group Newspapers Ltd

21 April 2016

On appeal from the Court of Appeal Civil Division (England and Wales)

At the end of the hearing on 21st April the Supreme Court announced that it would reserve judgment and give its decision at a later date.

The injunction granted by the Court of Appeal and continued by this Court remains in force.

No decision yet. One thing appears to have been accepted by both parties in the Supreme Court without challenge – that this website is outside the jurisdiction of the English Courts. Which is what Guido told Leveson, Carter-Ruck and various learned rent-a-quotes

Celebrity Threesome Injunction Decision on Thursday

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The Supreme Court will hear argument as to whether permission to appeal should be granted, and, if it is granted, as to whether the appeal should be allowed or dismissed. The interim injunction granted by the Court of Appeal will remain in place until the conclusion of the Supreme Court hearing, and at the end of the hearing the Supreme Court will decide whether to continue that injunction. Until then…

Irish Times Breaks Celebrity Threesome Injunction

See also: Lawyers Only People Enjoying ThreesomeNow David Furnish and Elton John Threaten Google

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Yesterday Guido gave an interview* to the Irish Times about the Celebrity Threesome Injunction. Lawyers Carter Ruck claim this article and others, despite being typed and uploaded in Ireland to be hosted on servers in the United States protected by the First Amendment, breaches their injunction covering England and Wales.

The injunction is incredibly restrictive; it not only prohibits reporting the facts of the matter, it prohibits linking to the story, identifying the National Enquirer or this site in any way. Which is why the British press is referring to a mystery “top blogger” and Google has been forced to remove links to our articles. The Irish Times however identifies the “top blogger”, names this website and even handily gives the headline to cut and paste into Google to easily find the censored article. Not really a legal issue for a foreign printed publication.

However as the photo above shows, the international edition of the Irish Times was freely available in London. It is printed at the Newsfax plant in Hackney…

*The article is no longer on the Irish Times website, it has been copied from the Google cache and is reproduced in full in the comments below.

Ireland is Not North Korea, Kim El John

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All around the world the olive oil trysts of Elton John’s husband David Furnish are being reported, everywhere, apart from England and Wales where they are injuncted. Guido’s servers are in the United States of America, this article is being typed in the Republic of Ireland. London solicitors Carter Ruck have sent a copy of that injunction to Guido threatening to jail the editor for Contempt of Court. This was met with a polite invitation to come visit:

I note this is a Court Order from a British court.

In Ireland, as I explained to Lord Justice Leveson at his inquiry, Irish citizens do not have to pay any notice to what British judges order any more.

We are currently celebrating the 1916 uprising, come visit Dublin. If you do, please do not repeat the ex parte trick your firm pulled in 2008 on behalf of Zac Goldsmith. Remember how that ended in an embarrassing fiasco for your firm? You had to apologise to me and an Irish High Court judge.

This time I expect full and properly served notice to be given of any action you propose to take going forward.

Regards,

Paul

Some fool lawyer in The Times this morning claims that this blog is published everywhere in the world where it can be read. So presumably she thinks the North Koreans, Chinese and Iranians have legal jurisdiction over this website – as if Kim El John can suppress foreign press reports. There are no physical assets in the UK, there is no digital equivalent of a printing press, no device that can be seized or smashed. All the authorities can do is block access to the server, in the same way that China and Iran block access to the truth. Web users point their browsers at a server in the US and fetch the data back, we do not store published content in the UK.

Carter-Ruck have now instructed Johnsons, a Dublin law firm, and are threatening proceedings here in Ireland, which if they were to happen we would endeavour to fight. Courts in both California and New York have ruled that foreign court judgments involving free speech can be enforced in the United States only if the foreign nation recognises absolute free speech values compatible with the First Amendment – which guarantees that Congress shall make no law abridging the freedom of speech, or of the press. Guido may have to travel to the US to inspect this website’s servers…

See also: Lawyers Only People Enjoying Threesome

Lawyers Only People Enjoying Celebrity Threesome

elton-threesome-super-injun

The front page headline of the new National Enquirer, now on newsstands in the States, declares: “Elton John Betrayed by Cheating Husband!” Over 3 pages the US tabloid reports how lawyers for Elton John claim David Furnish did not have an affair because the singer knew about his extra-marital relationship. Elton has used an injunction to block publication of the exposé in Britain essentially on the basis that he does not want his children to see it. Understandable, however should it be his legal right?

Elton John Number 10

Here is a summary of the story:

The Enquirer reports that British businessman Daniel Laurence claims he had three encounters with Furnish, including one that involved “risky sex”. Elton’s lawyers deny Furnish had unprotected sex with Laurence. The unprotected sex allegation is particularly damaging because Furnish helps run Elton’s AIDS Foundation. According to the Enquirer, Furnish and Laurence began exchanging messages online in 2008 and hooked up in March 2009 at the Mayfair Hotel in London. Furnish “wanted me to penetrate him and was very demanding and specific about this,” Laurence said in an affidavit obtained by the tabloid: “We did have unprotected sex.”

The two men continued to communicate online — and saw each other again at an event in Palm Springs — but did not have sex again until April 2010. Laurence alleges the tryst took place in the London home Furnish shares with Elton John. The Enquirer published a Facebook chat it claims is between Furnish and Laurence. In it, Furnish asks Laurence about having a threesome. “I am getting hard thinking about it,” Furnish allegedly wrote, “I have to be sooooooo careful.” The threesome, which allegedly took place at the home of Laurence in December 2011, involved wrestling in a pool of olive oil. Laurence also alleged that Furnish was “into being tied up and dominated.” The Enquirer article comes only days after news that Elton John is facing a sexual harassment lawsuit from a former bodyguard. Jeffrey Wenninger alleges the singer groped him and encouraged him to show his penis.

Yesterday the Sunday Mail in Scotland published the story because it is (like Guido) outside the jurisdiction of the injunction. Our readers are not that interested in threesomes involving middle-aged gay men – unless they are in politics. Nevertheless there is an important principle at stake: should press freedom be curtailed by the rich on the grounds that they don’t want their children to be embarrassed? Guido has lots of online embarrassments soon to be discovered on the internet by his Google-savvy young children. As much as he would prefer to cover it all up, this protection would be a risky curtailment of press freedom. If Elton and David don’t want their children to think less of them, don’t do it. The whole thing is made even more ridiculous given millions of Americans and thousands of Scots have read the story. All the injunction is doing is making lawyers richer.

This case is not a serious criminal matter, however there is no doubt that the likes of Dominic Strauss-Kahn have used privacy laws to cover-up much more serious wrongdoing. Fear of public exposure is about the only way we can restrain wrongdoing by the rich and the powerful…

See also Ireland is Not North Korea, Kim El John

Hugh Grant: The Edge Of Reason

Hugh Grant probably wishes he stayed in bed this morning, instead of bungling a Today programme outing in which he openly admitted to being a puppet for Evan Harris and his Hacked Off cronies. In an excruciating debate, Grant admitted he did not know the details after making a dopey allegation that the journalist who even the Guardian credit with triggering the entire RIPA/Met scandal, had nothing to do with the change in the law:

Hugh Grant: Tom Newton’s contribution was brief

BBC: Really, you’re saying it’s simply not the case that Tom Newton Dunn, who was one of the journalists concerned,

Hugh Grant: Yes.

BBC: …intimately involved. You’re saying he didn’t…

Grant: …that’s my understanding of it…

BBC: That’s quite an allegation to make, that basically the paper likes to be in a position where they feel like victims and are perfectly happy with the status quo, and their phone records to be gone through. Are you seriously saying that?

Hugh Grant: Well in the case of Tom Newton Dunn, I don’t know the exact details of how much he contributed to this particular campaign to get the law changed.

BBC: so you’re not accepting he contributed a lot?

Grant: that’s not what I’ve been told.

Grant’s blind, frothing hatred for anything or anyone linked to Murdoch has left him high and dry. TND tells Media Guido:

“It’s just not true to say editors and newspaper companies did nothing to fight the police abuse of RIPA. My own, The Sun, has invested considerable amounts in legal resources as we continue to pursue the Met through various channels, and newspapers from ours to the Mail, Telegraph and Guardian have all ran powerful leaders recently condemning the police in a very united stand. Not for the first time, Hugh Grant appears to be shoehorning myth to suit his own agenda.”

“That’s not what I’ve been told”? Pull yourself together, man.

Charlie Hebdo On Sale Outside Parliament Every Morning

Spotted just next to Westminster Tube.

Electoral Commission Trying to Regulate Blogs:Notifies Guido, ConservativeHome, LabourList & LibDemVoice

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The Electoral Commission has written to Guido, ConservativeHome, LabourList and LibDemVoice to provide them with “guidance” to bring them into line with the Putinesque provisions of the new Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014.

Mark Ferguson at LabourList says

“It seems particularly bizarre (and that’s being generous) that there’s one law for “newspapers and periodicals” and another for “websites”. Perhaps the government are finding this new-fangled internet thing very confusing. We’re still working through what the most appropriate response is to this dreadful law – more worthy of a banana-Republic than a democracy – that clamps down on campaigning and free speech at a time when it’s needed most, election time. Whatever response we decide on though, we will not be submitting ourselves to any form of regulation that stops us from writing, reporting and commenting on the election campaign as we see fit.”

ConservativeHome’s editor Paul Goodman tells Guido whilst sorrowfully shaking his head, that he feels the site has no alternative, given the terms of the Lobbying Act, but to “run some pieces by senior Labour MPs during the election campaign”.

After ringing round it seems that other political blogs like the Spectator’s CoffeeHouse and PoliticalBetting.com have not being offered “guidance” by the Electoral Commission. Guido has written back to the Electoral Commission:

Dear Electoral Commission,

Thanks, but we’re not registering with you and
we’re not going to pay any attention to your rules.

Yours in freedom,

Paul Staines
Editor Guido Fawkes’ Blog

Guido has no intention of registering with the Electoral Commission or reporting a penny of spending or anything else to them. This authoritarian law is a nonsense. If you read the guidance it should apply to newspapers. We haven’t just rejected statutory control of the printed press by one regulator for political control of digital media by another…

See: Electoral Commission letter in full [PDF]

BBC Mo-ment: Depicts Mohammed in Physical Form

This image is a screengrab from last night’s News at Ten. The BBC web page explaining their editorial guidelines on the issue has mysteriously disappeared today.  A very big Mo-ment for free speech…

It seems Dimbleby was still reading from the now ancient text on Question Time after the image went out last night:

“The prophet Mohammed must not be represented in any shape or form.”

Guido has contacted the BBC press office to see if they have had any complaints or threats…

UPDATE: BBC confirms the change in policy:

“This guidance is old, out of date and does not reflect the BBC’s long-standing position that programme makers have freedom to exercise their editorial judgement with the Editorial Policy team available to provide advice around sensitive issues on a case by case basis.

[…]

+ READ MORE +

Anti-Press Freedom Lobby Express Sham Solidarity

irony – ˈʌɪrəni/ – noun

1. the expression of one’s meaning by using language that normally signifies the opposite, typically for humorous or emphatic effect.

[…]

+ READ MORE +

WATCH: Have I Got News For You on ‘Sophie’

“I always get them confused with ISIS,” says Armando Iannucci of IPSO…[…]

+ READ MORE +

Brooks Newmark Did a Bad Thing

“What he did WAS quite bad.

Not because it was sexting, which these days is not uncommon.

Nor that his sexual behaviour might not meet with public approval, which these days isn’t necessary.

No, what he did was foolishly accept the flirtation of a woman, give her his mobile number, and then demand intimate photographs of her.

[…]

+ READ MORE +

Open Letter to the CEO of Index on Censorship

 

 

Jodie,

I’ve happily done a little bit here and there for Index. A speech at an event, an article, a bid at an auction or a table at a fundraiser. I don’t claim to be the biggest donor to Index, over the years perhaps my support has been in the low thousands.[…]

+ READ MORE +

Steve Coogan: Bouncing Back

Sad to see Steve Coogan hit his career low at Hacked Off, Guido welcomes the news of his rehabilitation today. Coogan becomes a patron for free speech pressure group Index on Censorship, who campaign on press freedom around the world. Presumably this meansethical standard bearer Coogan admits he was wrong to try to gag newspapers from writing about coke and hookers.[…]

+ READ MORE +

Hacked Off Seek EU Diktat to Force Through New Press Laws Watson Backs Brussels Directive on Media Ownership

After Sajid Javid signalled that he wanted to put the issue of press regulation “to bed”, Hacked Off last night called for an EU directive to force through new laws and overrule the Culture Secretary. Evan Harris and Natalie Fenton, two of the group’s directors, endorsed a new campaign aiming to secure a petition of one million signatures and seek a diktat from Brussels to set limits on media ownership at a European level.[…]

+ READ MORE +

FT Rejects IPSO, Sets Up Own Regulator

FT editor Lionel Barber says the paper will set up its own mechanism to deal with complaints. It won’t be part of the new IPSO press regulator:

The Financial Times stands for an independent press, free of economic and political interference.

[…]

+ READ MORE +



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