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Posted Wednesday, December 16, 2009 10:36 AM

British Court Bans Publication of Tiger Woods Photos That May Not Exist: Talk About Prior Restraint!

Mark Hosenball

Three cheers (at least) to the celebrity gossip website TMZ.com, which has struck a blow for press freedom by publishing the full text of a British judge's injunction banning publication of pictures that, if they even exist, may be embarrassing to Tiger Woods. The injunction, issued by Sir David Eady, a UK high-court judge who has become notorious worldwide for his use of Britain's draconian libel laws to restrict or penalize aggressive reporting by both British and foreign media, banned British media from any attempt to "publish, further publish, syndicate, communicate, use or disclose to any other person" all or any part of information described in an attachment to the order. The attachment describes the information that the injunction bans from publication as "any photographs, footage or images taken or obtained of the Claimant naked or any naked parts of the claimant's body or of him involved in any sexual activity."

Justice Eady's injunction, which indicates it was issued without giving any notice to the unnamed media outlet or outlets to whom it is meant to apply, also forbids publication of the injunction itself or any documents relating to it. In a letter also published by TMZ, Schillings, a large London law firm that says it represents Woods, says that despite the contents of the order, it should not be "taken as an admission that any such photographs exist." It adds that Woods is "not aware of any images and in any event he would not have consented to any such photographs being taken nor would he have consented to the dissemination or exploitation of the same."

Despite the order's strict terms, news about the injunction was published both in the international media and in the UK media. The website of the Daily Mail, one of Britain's most aggressive and influential tabloids, went to town on the issue, despite the injunction, with this story, which carried the headline "Tiger Woods' lawyers act over nude pictures that don't exist."

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The Woods injunction surfaces just as Britain's government, led by Jack Straw, the secretary of state for justice, has started to consider possible reforms to Britain's harsh libel laws, which strongly favor the plaintiff and have made the gothic High Court complex near Fleet Street in Central London a "libel tourism" mecca for wealthy celebrities and foreigners trying to keep embarrassing information out of both the British and foreign (including U.S.) press. Earlier this year, Britain's Guardian newspaper, an increasingly influential Web presence on both sides of the Atlantic, reported that it was temporarily banned by a court injunction from reporting on a question in Parliament about a toxic dumping scandal in Africa. The injunction was subsequently lifted.

Several American states, and Congress, have been considering laws to bar the enforcement of UK libel judgments in the American courts after Eady decided a case in favor of a Saudi tycoon and his sons, who had sued an American academic in Britain for alleging in a book that the Saudi was involved in financing terrorism. Even though the American author's book only sold 23 copies in Britain, Eady awarded the Saudi plaintiffs £110,000 pounds (approximately $175,207) in damages.

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Posted By: Anonymous (January 31, 2010 at 11:35 AM)

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Posted By: Elaine Decoulos (December 17, 2009 at 8:39 AM)

I appear to be the only American claimant in the English libel courts struggling to get justice for a simple and obvious libel in The Daily Mail.  Despite the current uproar over the libel laws in the UK, some justified, some not, the article that libeled me was published very widely in the UK and on the internet by a UK publisher.   Justice has been eluding me because English justice favors the rich and powerful, foreigner or not.  In my case, secret court hearings and legal costs are being unjustly used against me.  

The British House of Commons Culture, Media and Sport Select Committee has been holding a Press Standards Inquiry after several complaints about the press and the libel and privacy laws in the UK.  The press were furious over Max Mosley's successful privacy ruling by Mr. Justice Eady against The News of the World (I think he was right on that) and the general public appalled at the libel of the McCanns whose daughter went missing on holiday in Portugal.  

However, this was the tip of the iceberg for revealing a host of other problems, such as libel tourism by foreigners, super-injunctions that gag the press and secret court hearings, as I have experienced.  I am grateful to the Parliamentary Select Committee for publishing two Memoranda I submitted for their Inquiry on their website.  The first is a summary of what I have experienced and the second is the one public judgment in my case:

http://www.publications.parliament.uk/pa/cm200910/cmselect/cmcumeds/memo/press/ucps3902.htm

http://www.publications.parliament.uk/pa/cm200910/cmselect/cmcumeds/memo/press/ucps5302.htm

Most Americans will have no idea how inaccurate the British press can be.  Despite the libel laws being much stronger in the UK, their press rarely seek two sources for a story, even some of the quality papers.  It is publish and be damned.  I had no idea until it happened to me.  This is well known in journalistic circles on both sides of the Atlantic.  

The reason I have been libeled is a bit like why Tiger Woods' life is in a mess and why he has resorted to the English courts, albeit as a privacy-seeking legal tourist.  Although much of his problem is of his own making, I am of the view that the source of it has to do with his unhappy union and a Scandanavian woman who does not want to lose her very rich man.