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Reply #3: Streisand Syndrome
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fedsron2us
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Sat May-21-11 06:26 AM
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Edited on Sat May-21-11 06:51 AM by fedsron2us
The more you sue those spreadng rumours on the web the wider the circulation becomes.
Normally the private lives of Premier League footballers would not even rate a passing mention on this forum. Now its got its own thread
On a more serious note I doubt that many of our US cousins can even begin to imagine the Kafkaesque world that British lawyers and judges have been trying to create with Super Injunctions where not only is the name of the litigants secret but also the very existence of the order itself. You then wind up with the situation where an individual could be sued for breaching an injunction he did not know existed.
Of course it is now rapidly disappearing up its own fundament when faced with the reality of the internet where for good or bad most of the major social networking sites operate from the US under the the tenets of its law.
By making this case a 'freedom of speech' issue the parties in the UK are now attracting the attention of the US media who naturally have had little compunction about naming those involved
All I can say to whoever has been dumb enough to throw his or her money away on this case is onto a loser.
British judges may delude themselves that they are all powerful but the reality is that their writ runs no further than the UK borders.
Twitter is based in the US and protected by the US First Amendment so the chances of winning a court case there are nil.
It is possible that Twitter might divulge the identity of the posters but that may not help the plaintiff since it seems likely that the tweets originated via a UK media outlet who almost certainly knew enough to cover their tracks or even may be using a foreign national to do the posting. If it is the latter and the person turns out to be a US citizen then again the legal process would fail. The only alternative would be to take a civil case in the US but that would by its very nature out the individual concerned since they would have no right of anonymity in a US court.
The UK courts might try to bar Twitter from being accessed in the UK but that would be a massive own goal for the UK as a place in which to undertake any sort of international social network based IT activity.
In the last resort Celebs exist so that their private lives can be smeared across the papers to divert the masses from considering more serious political and economic matters.The fact that they do not realise that is the only reason for their existence shows how deluded they have become. For that reason alone super injunctions are doomed eventually to fail.
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