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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"

30 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 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.

    2. 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.

    3. 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 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...

  6. 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.

  7. 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.

  8. 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

  9. 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.

  10. 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.
  11. Re:England by MichaelSmith · · Score: 5, Funny

    Nice try Prince Charles.

  12. 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.

  13. 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.

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    Nick
  14. 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
  15. 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.
  16. 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
  17. 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
  18. 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.

  19. 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: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.