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Twitter Sued By British Soccer Player

norriefc writes "Here in the UK super injunctions are all the rage. These are injunctions that bar the press from even mentioning that the injunctions exist. Recently a Twitter account exposed several of these super injunctions and named several people involved and what their alleged indiscretions were. Now one 'famous' soccer player is trying to sue Twitter and the yet to be named tweeters for invasion of privacy, apparently in ignorance of the Streisand effect. I'm doubtful of an American company paying much attention to UK anti-free-speech laws"

48 of 264 comments (clear)

  1. Re:Streisand effect by Relyx · · Score: 5, Informative

    Just search on Twitter for Imogen Thomas, the girl he had his affair with. His name will likely pop up in the first few tweets.

  2. Re:Ryan Giggs by troc · · Score: 3, Informative

    I'm fairly certain that 'allegedly' is unnecessary in this case. i.e it's Ryan Giggs, definitely. :p

    --
    Troc's dubious podcast and blog: http://www.trocnet.net
  3. Quandary by WizardMarnok · · Score: 3, Insightful

    How an I supposed to know what I am not allowed to say, when the very injunction which forbids me to say it prevents me from knowing what I'm not allowed to say?

    1. Re:Quandary by AGMW · · Score: 2

      How an I supposed to know what I am not allowed to say ...

      Exactly so Sir. I don't know who was served with super-injunctions which prevented them from saying things about some anonymous person (or persons) and also prevented them from even talking about the fact they can't talk about it, but I certainly haven't been told I can't talk about it?

      Hmmmm. That Super-Injunction's not looking quite so Super now is it!

      Honestly, I really couldn't give a toss about what footballers get up to off the pitch - actually, I don't really care what they do on the pitch either, but when they use their fame and fortune to try and restrict the Freedom of Speech I start to care, but not in a good way!!!

      If you gain some of your value from your public persona then, IMHO, you sold your soul to the devil and if you live by the sword you die by the sword! Best bet is to try and keep your sword sheathed in the first place!

      --
      Eclectic beats from Leeds, UK
      handmadehands.co.uk
    2. Re:Quandary by BasilBrush · · Score: 3, Interesting

      A superinjunction is sent to named individuals or organisations. But it includes an additional clause to "Any person who knows of this order..."

      Thus if you know of the superinjunction, you are forbidden from saying what the superinjunction says you can't say.

      If you don't know of the superinjunction, you can say what you like.

    3. Re:Quandary by 91degrees · · Score: 3, Informative

      Super injunctions are actually fairly new, and on the whole, people don't really understand them.

      To the best of my knowledge, the law says that people are entitled to their privacy. If you violate his privacy then you may well be liable for damages caused by that breach. It's up to the court to decide whether they were entitled to privacy and whether you violated it.

      Unlike the US, the courts can apply prior restraint. That is, if a publication is going to breach privacy, you can get a court injunction preventing them from doing so. Violating this is contempt of court and so punishable as such. Of course this would implicitly allow a workaround where the media implicitly reveals details by revealing that the celebrity has applied for an injunction, so the injunction has language explicitly preventing that.

      If you genuinely aren't aware there's an injunction then it doesn't actually apply to you and you can only be sued for damages after the fact. If you are aware (and it seems pretty certain that you are aware) then revealing this is contempt of court.

    4. Re:Quandary by grahammm · · Score: 3, Insightful

      Thus if you know of the superinjunction, you are forbidden from saying what the superinjunction says you can't say.

      If you don't know of the superinjunction, you can say what you like.

      In this case one of the things the court is ordering is that the identity of the person posting the tweet be revealed. So how does the court know that the tweeter was either aware of the existence of the superinjunction or, if they were aware of the existence of a superinjunction, that the person about whom they were tweeting was the subject of the injunction?

  4. CTB's real name is Ryan Gigs by rainmouse · · Score: 5, Interesting

    Maybe now he will sue /. as well, or is it me who will now be sued?

    1. Re:CTB's real name is Ryan Gigs by Anonymous Coward · · Score: 3, Informative

      Not likely. The SPEECH Act of 2010 was designed to prevent this. Anyone who tries to sue in a US court in a way that is designed to squelch free speech can be subject to damages. Since it would be a civil rights case, the damages could be tripled if I recall correctly.

    2. Re:CTB's real name is Ryan Gigs by Relyx · · Score: 2

      Couple that to the fact that this list is rapidly expanding even as we type. Those Demotivator people should make a new poster for "futilty."

    3. Re:CTB's real name is Ryan Gigs by Anne+Thwacks · · Score: 3, Insightful
      Even he doesn't have the money to fund such a long, drawn out campaign.

      But the lawyers will have eaten all his money before he finds that out.

      --
      Sent from my ASR33 using ASCII
  5. 'famous' soccer player by Anonymous Coward · · Score: 5, Funny

    Why would Ryan Giggs try to sue Twitter over exposing his affair with Imogen Thompson? It doesn't make sense...

    1. Re:'famous' soccer player by Opportunist · · Score: 2

      Because he's pissed that it was some page nobody looks at and not a The Sun exclusive shocking story that would at least put his name in SOME context into people's mind.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  6. Re:Streisand effect by kaiidth · · Score: 2

    You want to know what is posted on twitter? Ask Google: 'football super injunction'. For me, the first link returned was something called 'CaughtOffside.com', who obviously need to be sued in England until the pips squeak.

  7. Re:so who is it? by WizardMarnok · · Score: 5, Funny

    I'm not allowed to comment. Anyway, the real loser in all this is Imogen's career as a musician. I've not heard her perform, but apprently she was doing gigs all year.

  8. Re:Super-injunctions “best publicity value&a by kaiidth · · Score: 4, Funny

    It's not just the Internet. Spanish press published the identity of said soccer player weeks ago. We must eradicate the teaching of foreign languages in Britain!

    Actually it is fair to say that the last decade or so of educational policy already did a pretty good job of that, but at least now we know it's a good thing.

  9. Re:Sounds like someone 'famous' is out of cash by Anonymous Coward · · Score: 5, Informative

    Let's see if this makes the Guinness Book of World Records for "Shortest time a case lasted in court until being thrown out."

    Twitter is a social networking site. If I had people talking trash about me on their Facebook wall, it would make no sense at all to sue Facebook because of what that person said.

    Assuming CTB is Ryan Giggs (which is a popular belief) then's he's certainly not short of cash. (The Evening Standard has his net worth at £22 million - http://www.thisislondon.co.uk/mailFrameset.do?url=http://www.dailymail.co.uk/pages/live/articles/sport/football.html?in_article_id=420790&in_page_id=1779).

    I think the only reason it'll be thrown out is that Twitter is not UK based. If it were, then as it exercises some editorial control (i.e. removes spam and illegal comments on request) it's viewed as a publisher and therefore is treated the same as a newspaper and would fall foul of our (super)injuction laws.

    I run a big football (soccer for the septics) site/forum (thankfully not connected to Ryan Giggs) and there is (we're told on very good authority) a super-injunction placed by one of the club's owners. Not being mainstream media, we've no legitimate way of finding out the details of the injunction, yet we can be prosecuted if one of our forum members publishes the allegations.

    The law in the UK surrounding citizen journalism and internet discussion is an absolute ass. Value your constitutionally protected freedom of speech

  10. Re:Sounds like someone 'famous' is out of cash by Panoptes · · Score: 5, Informative

    As I understand it, the site in question is not being sued - they're being bullied into revealing the identies of the Twits who made the posts.

  11. tag story with ryan_giggs by Winckle · · Score: 5, Informative

    See title, tag the story so no one misses it :D

    1. Re:tag story with ryan_giggs by Winckle · · Score: 3, Informative

      The "unnamed" soccer player in the news story. He's a veteran player for Manchester United and formerly played internationally for Wales.

    2. Re:tag story with ryan_giggs by Inda · · Score: 3, Informative

      Plenty of info on Wikipedia too. I'm glad they stuck to their promise and didn't censor.

      Ryan Giggs gagging order

      The comments about him being skint are laughable. He plays for Man Utd - one of the richest teams in the world.

      England's worst kept secret.

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
  12. Re:England by MichaelSmith · · Score: 5, Funny

    Nice try Prince Charles.

  13. Can someone clarify by funkatron · · Score: 3, Informative

    Is Ryan Giggs suing for privacy or for libel? Basically, is he confirming the story?

    --
    "Welcome to our world. We are the wasted youth. And we are the future too." Yes, I know these are stupid lyrics.
    1. Re:Can someone clarify by Anonymous Coward · · Score: 5, Informative

      The footballer in question (I'm in the UK and I will take no part in mentioning of names), obtained a UK court injunction stopping his name from being published, under UK privacy laws. There has been no mention of libel, but under UK law you have a right to privacy from the press. Although this is only the case if you are rich and can afford such injunctions.

      A famous welsh footballer who has played professionally for the same top club for 21 years, winning 12 Premier League titles and two UEFA Champions League titles could certainly afford such an injunction.

    2. Re:Can someone clarify by advocate_one · · Score: 3, Informative

      no, a footballer who cannot be named has sued Twitter. It may or may not be him, but he's relying on the injunction to keep his real name off the court papers...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    3. Re:Can someone clarify by igb · · Score: 3, Informative

      There are no privacy laws in the UK, which is at the heart of the dispute. Judges are making caselaw out of the Human Rights Act, and therefore the European Convention on Human Rights. The balance between article eight privacy and article ten freedom of expression is unclear, and because European caselaw isn't incorporated into UK caselaw, and anyway there isn't very much of it, this is all pretty unexplored.

      What's happened now is not that his lawyers are suing Twitter as a defendant, they're trying to get a Norwich Pharmacal order against Twitter. That's an order that says "I want to sue someone, and you have information that is important to that action". It doesn't injunct Twitter, and wouldn't even if they were a UK company, it merely demands they hand over information they have. It's going to be a car-crash, because Twitter don't (and don't need to) authenticate users, IP numbers have already been found to be insufficient evidence of identity as part of the ACS:Law debacle, and as others have pointed out there's US legislation (SPEECH Act?) which makes assisting overseas censorship an offence for a California company. "CTG"'s lawyers (like we don't know who it really is) appear to think the Streisand effect is a good thing.

  14. Re:Sounds like someone 'famous' is out of cash by Anonymous Coward · · Score: 2, Informative

    Nothing to do with infections. It's cockney rhyming slang.
    septics == septic tanks == yanks

    Australians often say 'seppos' too, stands for 'septic (tanks)'.

  15. Re:Sounds like someone 'famous' is out of cash by QuasiSteve · · Score: 2

    As much as I may disagree with the legal action on the part of this sportsguy (if it is an actual law, shouldn't the lawmakers by the way of the magistrate / DA / whatsit be chasing down whoever broke the court ordered silencing?)...

    they're being bullied

    I fail to see how it is bullying. It's a legal action. I'm presuming they asked nicely first and Twitter told them that they have no intent of releasing that information voluntarily and come back with a court order while snickering as they realize the many cross-jurisdictional issues at play not to mention Twitter's London office plans, etc. One step in obtaining a court order in what now appears to be a civil matter would be to file a legal claim and thus sue.

    It's also hardly bullying in terms of some megacorp going against a poor widow whose only grandchild happened to download some MP3. This is a sportsguy, granted - one with 22 million quid or so, going against a company whose worth is, depending on the source you go with, anywhere between 11 and 13 BILLION dollars.
    How is that bullying? Unless the value of the pound vs the dollar skyrocketed at some point.. did the rapture hit the U.S. while skipping Europe somehow?

  16. Re:Sounds like someone 'famous' is out of cash by Nick+Ives · · Score: 3, Informative

    Not being mainstream media, we've no legitimate way of finding out the details of the injunction, yet we can be prosecuted if one of our forum members publishes the allegations.

    I thought that in order to be bound by an injunction, you had to be served it?

    As I understand it, every time a superinjunction is issued it gets sent out to a massive number of media organisations telling them that there is an injunction that they can't report on, but not revealing what the injunction is about. That's how everyone in the media knows which injunctions they can't report on.

    --
    Nick
  17. Re:Free Speech by Nick+Ives · · Score: 3, Informative

    Because it could make business in the EU problematic. If a foreign media organisation were to be found in contempt of court (in this case impossible as I doubt Geeknet Inc. has been served with this injunction) then the company directors could become the subject of a European Arrest Warrant.

    It's the same reason that libel tourism is so popular; unless you have no intention of entering or doing business in the EU, you need to abide by the rules of our courts.

    --
    Nick
  18. Re:Sounds like someone 'famous' is out of cash by Mr2001 · · Score: 3, Funny

    septic = septic tank = yank = americans.

    Obvious for whom?

    obvious for whom = temple of doom = Indiana Jones

    --
    Visual IRC: Fast. Powerful. Free.
  19. Not Anti Free Speech. by Anonymous Coward · · Score: 2, Informative

    The UK doesn't have any anti free speech laws. It has laws against Libel and Slander, and there are some european laws on privacy that the UK courts are inerpreting in a rather broad manner to give rise to these superinjunctions. I suspect Twitter will just tell the UK lawyers to go to a US court first, and it'll stop there.

    1. Re:Not Anti Free Speech. by Bogtha · · Score: 4, Insightful

      The UK doesn't have any anti free speech laws. It has laws against Libel and Slander

      The UK does have anti-free speech laws, and libel/slander are examples of them - restriction of speech. Every country has laws like these, because every country has decided that completely unrestricted speech is unwise.

      However some countries cling to the concept of free speech as a propaganda tool. Their people are so indoctrinated to believe that their country has free speech and that makes their country special that they convince themselves that any law contradicting this belief must therefore not be actually restricting speech. So you get convoluted explanations as to why laws that quite clearly restrict people from saying things aren't actually curtailing free speech.

      If I am restricted from knowingly saying untrue, disparaging things about another person, then that is a restriction of my speech. There's no getting away from that. You can either think the law is bad because it curtails free speech, or you can accept the idea that restrictions on free speech is sometimes acceptable. The more common third option, "excusing" the law (most likely by redefining "speech" to exclude the unwanted speech), is not intellectually honest.

      To put it another way - if it's an anti-free speech law that you have grown up with, then you are likely to be unable to recognise it as an anti-free speech law. It's just the way things are for you. If it's a new law that is being introduced, then you are more likely to recognise it as such.

      --
      Bogtha Bogtha Bogtha
  20. Re:Sounds like someone 'famous' is out of cash by 91degrees · · Score: 2

    I think that's the point. It's basically a tribal thing to establish a difference between locals and non-locals, at least according to many theories.

  21. Re:CTB's real name is (redacted) by mikechant · · Score: 2

    Maybe now he will sue /. as well,

    More likely as it has no UK 'presence' (AFAIK) he will want the courts to order UK ISPs to block /.
    They already have the mechanism for CP use (google 'clean feed').

    The 'great firewall' - coming to your country soon (including the US - see latest copyright infringement proposals).

  22. Re:Sounds like someone 'famous' is out of cash by Phreakiture · · Score: 3, Informative

    Obvious only to those familiar with Cockney rhyming slang, which is going to be an extreme minority in the US.

    Go on, click the link and have a butcher's.

    --
    www.wavefront-av.com
  23. Re:Sounds like someone 'famous' is out of cash by bruce_the_loon · · Score: 2

    Since California was Spanish and then Mexican before becoming American long after the War of Independence, the writ of the English courts have never run in those parts.

    --
    Trying to become famous by taking photos. Visit my homepage please.
  24. Fight Club Rules? by Nidi62 · · Score: 3, Funny

    So...I guess the first rule about super injunctions is you do not talk about super injunctions?

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  25. Re:Streisand Effect? needs renaming by damburger · · Score: 2, Informative

    The name you are looking for is 'Ryan Giggs'

    --
    If we can put a man on the moon, why can't we shoot people for Apollo-related non-sequiturs?
  26. Unwarranted bullish attitude by geeks by GauteL · · Score: 5, Insightful

    Just like with Digital Rights Management / Defective by Design, you see a lot of silly bullish attitude from geeks on this site: "Ever heard of the Streisand Effect? All DRM will eventually be beaten!"

    This is a serious attack on people's rights. What people are forgetting is that while this Welsh footballers privacy is being protected, the big brother's star Imogen Thomas' right to publish accounts about her own private life is impeded. In this particular case, this may seem irrelevant, after all, she's just a gold digger looking to make some money selling her story, right? But what if some famous actor / sports star slept with your wife and when you wanted to expose the wanker, he slaps down a super-injunction on you. How humiliated would you feel? And what if this was actually about something that had serious public interest?

    Just like with DRM, bullishly stating that "we'll always beat them" is besides the point. Just because YOU [tm] may have the means and no qualms about breaking this stupidity imposed on you by law, that doesn't mean everyone are willing to break the law and open themselves up to the legal consequences.

    AND: the fact that Twitter is American is more or less meaningless. Since they operate in Britain, they have to abide by British law and may well have to give up the names of the people involved. And you know what? Chances are they live in Britain.

    This is serious stuff, people's rights are under threat, and arrogance doesn't help anyone.

    1. Re:Unwarranted bullish attitude by geeks by Phillip2 · · Score: 2

      Everything that you say is correct. This is serious and the rise of the super injunction is not a good thing; even if they are largely aimed at the tabloid press who are a bunch of bottom-feeders.

      None of this, however, changes the fact that the situation is farcical and absurd. It reminds me of the stupidity of the Peter Wright spy-catcher affair, or the entirely ridiculous spectacle of an actor lip-syncing Gerry Adams for two years because he was a terrorist.

      It might be serious and because of this, it's more worthy of a good laugh than most things. What could be more British than that?

  27. Obvious solution by mano+the+shark · · Score: 2

    Any time an injunction is issued, have every social media site notify all of their members that they can't make any statements regarding the injunction. That way everyone will know not to say anything.

  28. Re:England by TheRaven64 · · Score: 2

    She serves two purposes. One is continuity. She has been meeting the Prime Minister every week to discuss the issues of the day for several decades. This, at least according to several former PMs, makes her a very useful advisor. This utility disappears when she dies. She should really have been including Charles in these meetings for the last 10 years, so that he does eventually take over he can do the same thing. Without that, going to be a bit useless.

    Her second role is as a constitutional failsafe. No bill becomes law until she's signed it, so she can act to prevent abuses of power, refusing to sign a bill and triggering a general election. The fact that she signed RIPA, however, makes me think that she's never going to do that, no matter what she's asked to sign.

    --
    I am TheRaven on Soylent News
  29. Re:Sounds like someone 'famous' is out of cash by arisvega · · Score: 2

    it would make no sense at all to sue Facebook because of what that person said

    Oh, but it would; sue the company, and you make it their problem-

    I am not saying it is right, but I do not understand your comment since this happens all the time, and all around the world; see blog hosting sites, streaming sites, torrent linking sites, file sharing sites ... EVERYBODY does it, they always go after the first person they can identify, and that will usually be the hosting site.

    Real life (off-internet) analogy; you throw a party, someone craps on your neighbor's lawn (great party) - who do you think your neighbor will go after?

    --
    The three laws of thermodynamics:(1) You can't win. (2) You can't break even. (3) You can't even quit.
  30. Re:Sounds like someone 'famous' is out of cash by _Shad0w_ · · Score: 2

    In the case of rhyming yank with septic tank, I doubt the derogatory nature was an accident.

    --

    Yeah, I had a sig once; I got bored of it.

  31. Re:so who is it? by LizardKing · · Score: 2

    I found her to have a much more appealing figure before the boob job. And if you've ever had a girlfriend with breast implants, it's somewhat peculiar when her jubblies barely change position no matter whether she's upright or prone ...

  32. Re:so who is it? by rhyder128k · · Score: 2

    Amen to what you just said. Each to his own, but I've never found fake breasts to be attractive.

    --
    Michael Reed, freelance tech writer.
  33. Re:England by jimicus · · Score: 3, Informative

    It's vanishingly unlikely a monarch would refuse to give royal assent. The last time it happened was 1707.