Archive for the ‘newspaper’ tag
Sunday Times

sunday times v united kingdom can anyone find me a summary of this case ?
im really struggeling to find a basic summery of this case , iv looked in books and its just the whole case which can be hard to get the key information i need from it, any help would be appreciated.
Case:
The Sunday Times Case (1979, Euro Court on Human Rights)
Summary:
Distillers marketed a drug, a sedative given to pregnant women. It was discovered
that it led to deformities in the fetus, and was subsequently taken off the
market. There was a suit against Distillers by 389 plaintiffs, and they were in
the midst of settling. The Sunday Times then decided to publish information on
Distiller’s actions prior to the public discovery of how harmful the drug was, and
in that article, promised another article the next week detailing facts, which
would strongly indicate Distiller’s negligence.
Distiller sought a an injunction against publishing of the article. The court
granted the injunction, on the reasoning that “it might prevent the due and
impartial administration of justice by affecting and prejudicing the mind of the
tribunal itself, by affecting witnesses who were to be called or by prejudicing
the free choice and conduct of a party to the litigation.” The Times appealed,
and the Court of Appeals discharged the injunction. Court said that public
interest outweighed the potential prejudice to the party, and the law did not
prevent comment when litigation was dormant.
Then, another appeal. Court here says that freedom of speech shouldn’t be
infringed, but it could not be allowed where there could be real prejudice to the
administration of justice, and also importantly, the case was not dormant, but
still active. Lord Reid says the publication should be postponed for the time
being in light of the circumstances.
Times then applied for the discharge of the injunction, claiming in constituted a
breach of Art 10 of the Convention.
Art 10 – right to freedom of expression w/o interference by public
○
authorities. Also says it’s subject to “such formalities, conditions, restrictions
or penalties as are prescribed by law and are necessary in a democratic society….
For maintaining the authority and impartiality of the judiciary.”
There was interference by public authorities (the injunction)
Issue: Was the interference of freedom of expression necessary in a democratic society for maintaining the authority and impartiality of the judiciary? -No. HELD: Violation of Art 10
the Court deciding that, though prescribed by law and for the purpose of
○
maintaining the authority of the judiciary, the restriction was not justified by a
‘pressing social need’ and could not therefore be regarded as ‘necessary’ within
the meaning of Article 10(2).
Willow Smith: Behind the Scenes | London Sunday Times Shoot
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