LOGIN TO YOUR ACCOUNT

Username
Password
Remember Me
Or use your Academic/Social account:

CREATE AN ACCOUNT

Or use your Academic/Social account:

Congratulations!

You have just completed your registration at OpenAire.

Before you can login to the site, you will need to activate your account. An e-mail will be sent to you with the proper instructions.

Important!

Please note that this site is currently undergoing Beta testing.
Any new content you create is not guaranteed to be present to the final version of the site upon release.

Thank you for your patience,
OpenAire Dev Team.

Close This Message

CREATE AN ACCOUNT

Name:
Username:
Password:
Verify Password:
E-mail:
Verify E-mail:
*All Fields Are Required.
Please Verify You Are Human:
fbtwitterlinkedinvimeoflicker grey 14rssslideshare1
Moosavian, Rebecca (2016)
Publisher: Bloomsbury
Languages: English
Types: Article
Subjects: M200

Classified by OpenAIRE into

ACM Ref: ComputingMilieux_LEGALASPECTSOFCOMPUTING, ComputingMilieux_PERSONALCOMPUTING
This article examines the unintended consequences of injunctions granted in misuse of private information (MPI) disputes. The MPI action enables successful claimants to obtain injunctions, often anonymised, to prevent publication of a story (or parts of it) that infringe upon their Article 8 privacy rights. This article considers cases such as Giggs v News Group and PJS v News Group which highlight the challenges of MPI injunctions; they may draw additional attention to disputed material, a phenomenon that has been colloquially termed the ‘Streisand effect’. It affords specific attention to the phenomenon of ‘jigsaw identification’ which may result from MPI injunctions that only restrict the publication of specific parts of a dispute, such as the claimant’s identity. It proceeds to discuss three primary reasons for unintended consequences in some MPI cases, including psychological reactance, social countering and the possibilities afforded by new online technologies. The article concludes with a close analysis of the recent Supreme Court decision in PJS where the judicial response was to modify the problem that MPI injunctions seek to address. Changing the purpose of such injunctions, and therefore the outcomes by which their efficacy is to be gauged, enables the courts to justify their continuation in the face of widespread publication of private information. But this reasoning process relies on newly constructed, tenuous distinctions between press/Internet dissemination and secrecy/intrusion elements of privacy, and it necessarily entails some sacrifice of the wider credibility of law.
  • No references.
  • No related research data.
  • No similar publications.

Share - Bookmark

Cite this article