Quotulatiousness

March 26, 2024

Montreal’s La Presse issues apology for antisemitic editorial cartoon

Filed under: Cancon, Media, Middle East — Tags: , , , , , — Nicholas @ 03:00

Caroline Glick discusses the blood libel cartoon published by Montreal’s La Presse on 20 March, 2024:

According to Canada’s La Presse, Israeli Prime Minister Benjamin Netanyahu is a vampire, and he is poised to suck the life out of the Palestinians in Rafah, Hamas’s final outpost in southern Gaza. The publication that was once a paper of record in Canada ran a political cartoon on March 20 portraying Netanyahu as a vampire, with a huge hooked nose, pointy ears and claws for fingers, dressed in Dracula’s overcoat while standing on the deck of a pirate ship.

The caption, written in blood-dripping red letters, read: “Nosfenyahou: En Route Vers Rafah.” Nosferatu, the Romanian word for vampire, was the title of a proto-Nazi German silent horror film from 1922 chock-full of anti-Semitic poison. The film, which became something of a cult flick, featured a vampire with a long Jewish nose. He arrived at an idyllic German town with a box full of plague-carrying rats that he released on the innocent villagers as he plotted to suck his realtor’s blood.

La Presse‘s cartoon didn’t leave any room for imagination. It wasn’t making a political or military argument against Israel’s planned ground operation in Rafah. Its goal wasn’t to persuade anyone of anything.

The Netanyahu-the-vampire cartoon asserted simply that Netanyahu is a Jewish bloodsucker and, more broadly, the Jewish state — and Jews worldwide — must be vigorously opposed by all right-thinking people who don’t want Jewish vampires to kill them.

As the paper no doubt anticipated, the cartoon provoked an outcry from Canadian Jews and some politicians. And after a few hours, the newspaper took it off its website and apologized. Anyone who thinks that means that the good guys won misses the point of the move. The Jewish outcry and pile-on by politicians and media coverage proved the point. Jews are evil and control everything, even what a private paper can publish. Like Nosferatu in its day, the cartoon will become a piece of folklore, additional proof that the Jews are the enemy of humanity.

In other words, the cartoon was a blood libel.

We’re seeing lots and lots of it these days. And so, it is worth recalling what a blood libel is.

In its original form, of course, the libel was specifically about blood. About 1,000 years ago, Christians in England began accusing Jews of performing ritual murders of Christian children to use their blood to bake Passover matzahs.

The accusation was inherently insane. Jewish law prohibits murder. It prohibits cannibalism. It prohibits child sacrifice. It prohibits eating food with blood. But none of that mattered. Like the cartoon in La Presse, the blood libel didn’t seek to persuade anyone. It presumed that its target audiences already hated Jews or had a latent tendency to hate Jews, which the blood libel aimed to unleash. The purpose of the blood libel was to scapegoat the Jews and to incite target audiences from London to Damascus to act on that hatred. Over the millennium, hundreds of thousands of Jews were massacred in Europe and the Islamic world in response to blood libels.

August 18, 2023

When your friendly local bank turns into a branch of the Stasi

Theodore Dalrymple on the British bank — probably not the only one to do things like this — that compiled a “dossier” of information on one of their long-term clients with a view to de-banking him, his family, and associates. It might have worked if the client was a private citizen with no particular public profile, but the client was someone who absolutely is not that kind of man:

The following day, [National Westminster Bank CEO Alison] Rose resigned, admitting to “a serious error of judgment”. The value of the bank fell by more than $1 billion.

The weasel words of Ms. Rose and the bank board are worth examination. They deflected, and I suspect were intended to deflect, the main criticism directed at Ms. Rose and the bank: namely, that the bank had been involved in a scandalous and sinister surveillance of Mr. Farage’s political views and attempted to use them as a reason to deny him banking services, all in the name of their own political views, which they assumed to be beyond criticism or even discussion. The humble role of keeping his money, lending him money, or perhaps giving him financial advice, was not enough for them: they saw themselves as the guardians of correct political policy.

It was not that the words used to describe Mr. Farage were “inappropriate”, or even that they were libelous. It is that the bank saw fit to investigate and describe him at all, at least in the absence of any suspicion of fraud, money laundering, and so forth. “The error of judgment” to which Ms. Rose referred was not that she spoke to the BBC about his banking affairs (it is not easy to believe that she did so without malice, incidentally), but that she compiled a dossier on Farage in the first place — and then “error of judgment” is hardly a sufficient term on what was a blatant and even wicked attempt at instituting a form of totalitarianism.

This raises the question of whether one can be wicked without intending to be so, for it is quite clear that Ms. Rose had no real understanding, even after her resignation, of the sheer dangerousness and depravity of what the bank, under her direction, had done.

As for the board’s somewhat convoluted declaration that “after careful consideration, it concluded that it retains full confidence”, etc., it suggests that it was involved in an exercise of psychoanalytical self-examination rather than of an objective state of affairs: absurd, in the light of Ms. Rose’s resignation within twenty-four hours. The board, no more than Ms. Rose herself, understood what the essence of the problem was. For them, if there had been no publicity, there would have been no problem: so when Mr. Farage called for the dismissal of the board en masse, I sympathised with his view.

January 23, 2023

Who was John Wilkes?

Filed under: Britain, History, Liberty — Tags: , , , , , — Nicholas @ 05:00

Lawrence W. Reed on the life of John Wilkes, a British parliamentarian in the reign of George III:

John Wilkes (1725-1797)
Cropped from a larger painting entitled “John Glynn, John Wilkes and John Horne Tooke” in the National Portrait Gallery via Wikimedia Commons.

In the long history of memorably scintillating exchanges between British parliamentarians, one ranks as my personal favorite. Though attribution is sometimes disputed, it seems most likely that the principals were John Montagu, 4th Earl of Sandwich, and the member from Middlesex, John Wilkes.

Montagu: Sir, I do not know whether you will die on the gallows or of the pox.

Wilkes: That depends, my lord, on whether I embrace your lordship’s principles or your mistress.

Repartee doesn’t get much better than that. And it certainly fits the style and reputation of Wilkes. Once when a constituent told him he would rather vote for the devil, Wilkes famously responded, “Naturally. And if your friend decides against standing, can I count on your vote?”

Wilkes deserves applause for his rapier wit, but also for something much more important: challenging the arrogance of power. He was known in his day as a “radical” on the matter. Today, we might label him “libertarian” in principles and policy and perhaps even “libertine” in personal habits (he was a notorious womanizer). His pugnacious quarrels with a King and a Prime Minister are my focus in this essay.

Born in London in 1725, Wilkes in his adult life was cursed with bad looks. Widely known as “the ugliest man in England”, he countered his unattractive countenance with eloquence, humor, and an eagerness to assault the powers-that-be with truth as he saw it. Fortunately, the voters in Middlesex appreciated his boldness more than his appearance. He charmed his way into election to the House of Commons as a devotee of William Pitt the Elder and, like Pitt, became a vociferous opponent of King George III’s war against the American colonies.

Pitt’s successor as PM in 1762, Lord Bute of Scotland, earned the wrath of Wilkes for the whole of his brief premiership. Bute negotiated the treaty that ended the Seven Years War (known in America as the French & Indian War), which Wilkes thought gave too many concessions to the French. Wilkes also opposed Bute’s plan to tax the Americans to pay for the war.

[…]

George III took it personally. He ordered the arrest of Wilkes and dozens of his followers on charges of seditious libel. For most of the nearly thousand years of British monarchy, kings would have remanded foes like Wilkes to the gallows forthwith. But as a measure of the steady progress of British liberty (from Magna Carta in 1215 through the English Bill of Rights in 1689), the case went to the courts.

Wilkes argued that as a member of Parliament, he was exempt from libel charges against the monarch. The Lord Chief Justice agreed. Wilkes was released and took his seat again in the House of Commons. He resumed his attacks on the government, Bute’s successor George Grenville in particular.

December 30, 2021

The Story Of Sir Arthur Currie: From Gunner To General | The Great War With Norm Christie | Timeline

Timeline – World History Documentaries
Published 28 Dec 2021

Military historian Norm Christie presents a four-part series examining the First World War from a Canadian perspective. As he begins his journey through the historic battlefields of France and Belgium, Christie focuses on the career of General Sir Arthur Currie, a soldier who rose through the ranks from humble gunner in 1897 to lead the Canadian Corps to several victories during the conflict which began in 1914.

📺 It’s like Netflix for history… Sign up to History Hit, the world’s best history documentary service and get 50% off using the code ‘TIMELINE’ http://bit.ly/3a7ambu

You can find more from us on:

https://www.instagram.com/timelineWH

Any queries, please contact owned-enquiries@littledotstudios.com

Note: The original YouTube title said “from Gunman to General”. Perhaps in British usage, “gunman” is a variant of “gunner” (an artilleryman), but in Canadian usage the word “gunman” almost invariably means armed criminal or terrorist, and while Sir Arthur’s career had its difficulties, he was never a criminal.

May 20, 2021

The Birth Control Movement and Eugenics – A Curious Link | B2W: ZEITGEIST! I E.18 – Winter 1923

Filed under: Books, Britain, Europe, Greece, Health, History, Law, Media — Tags: , , , , , — Nicholas @ 04:00

TimeGhost History
Published 19 May 2021

In the winter of 1923, a controversial activist takes a Catholic doctor to trial for libel. The proceedings capture a much bigger moment in the history of the interwar period: the controversial — but inherent — link between birth control and eugenics.
(more…)

May 9, 2018

Freedom of the Press … except where prohibited by (British) law

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 03:00

Wednesday is a critical day in the history of Britain, in the sense that a long-established freedom is at risk of being curtailed:

Press freedom is hanging by a thread in Britain. Tomorrow, the House of Commons will vote on the Data Protection Bill, and Labour MPs have added amendments to it that would effectively end 300 years of press freedom in this country.

That this profound affront to liberty had almost passed under the radar, until spiked and others began making noise about it over the weekend, shouldn’t surprise us. This vote is the culmination of a slow and covert war on the press that has been waged for the best part of a decade.

This story begins with the Leveson Inquiry, an effective showtrial of the press that sparked dozens of spurious trials of journalists and barely any convictions. Since then, press-regulation campaigners have had to find new and underhand ways to push their agenda on an industry and a public who clearly see right through it.

In the wake of Leveson, a new regulator, Impress, was established and given official recognition. It was an historic moment, in the worst possible sense: this was Britain’s first state-backed regulator since the days of Crown licensing. But it was also a stunningly bad bit of PR for the press-regulation lobby, in that Impress was staffed by tabloid-loathing hackademics and funded by tabloid-loathing millionaire Max Mosley.

No national newspaper signed up to it. And so the Hacked Off brigade has been pushing over the past few years for Section 40, a law that would force publications to sign up to a state-approved regulator, which at the moment means signing up to Impress. Those publications, like spiked, who would refuse on principle, would be required to pay the legal costs of any case brought against them, even if they win.

As such, Section 40 would be a gift to the powerful and the begrudged. It would enable anyone to launch lawsuits aimed at shutting down publications they dislike. This is an opportunity that people who have been exposed by the press would take in a heartbeat. It would undermine not only press freedom, but also natural justice.

And it isn’t just the press who are concerned about this. In 2016, the government opened a public consultation into press freedom, asking members of the public if it should implement Section 40 and commence the second part of the Leveson Inquiry. Out of a huge 174,730 responses, 79 per cent said No to Section 40 and 66 per cent said No to Leveson 2.

Update, 10 May: The vote was too damned close, but it was defeated by a nine-vote margin. Guido has the list of MPs voting in favour of muzzling the press here.

November 7, 2016

Rolling Stone and the Nicole Eramo lawsuit

Filed under: Law, Media, Politics, USA — Tags: , , , , — Nicholas @ 03:00

The jury decided that Rolling Stone magazine and the writer Sabrina Rubin Erdely did defame University of Virginia associate dean Nicole Eramo. Tim Newman comments on the (to him, satisfying) outcome of the case:

As soon as that story was published it got torn apart on the internet. Crucially, those tearing it apart were not just the red pill/manosphere/PUA sites either. Plenty of moderate, mainstream sites cast serious doubts on the story and I read a few of them.

Common sense would have told you there was something seriously amiss. From memory, “Jackie” recounts being thrown onto a glass-topped coffee table so hard that it shattered beneath her and then raped where she lay. You don’t need to be a practicing rapist to know that any guy who did that would be risking serious injury to himself: there are arguments over the involuntary circumcision of males, but I don’t think they cover rapists going about their business in lakes of shattered glass. She would also have sustained major damage had she been subject to those levels of violence: lacerations, fractures, bruising which she could have shown to the police and would have needed hospital treatment.

It was bullshit, but that wasn’t what made people angry. Lots of stories in the media are bullshit and nobody cares. So what made this one different? It was because those who supposedly supported “Jackie’s” version of events and abused those who questioned it wanted it to be true. For them, it was a better outcome that she had really been raped than for the story to have been fabricated.

[…]

So have they learned their lesson? It would appear not:

    In a statement, the magazine added: “It is our deep hope that our failings do not deflect from the pervasive issues discussed in the piece, and that reporting on sexual assault cases ultimately results in campus policies that better protect our students.”

Those “pervasive issues” being complete fabrications which exist only in the minds of a handful of mentally disturbed students who were cynically exploited by some of the worst people ever to infest academia and journalism anywhere.

I hope the lawsuits keep coming and they are sued out of existence.

H/T to Jeff Scarbrough for the link.

November 16, 2015

The Ontario government’s anti-SLAPP legislation

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 03:00

At Techdirt, Tim Cushing looks at the positive and not-so-positive aspects of newly introduced Bill 51:

Good news for Canadians! Well…some of them. This good news only applies to a) Ontario residents who a.1) aren’t vexatious litigants who use BS defamation lawsuits to silence critics.

    Bill 52, which changes the Courts of Justice Act, the Libel and Slander Act and the Statutory Powers Procedure Act, received royal assent Nov. 3.

    The bill contains a provision that “would allow the courts to quickly identify and deal with lawsuits that unduly restrict free expression in the public interest, minimizing costs and other hardships endured by the defendant,” said Yasir Naqvi, Ontario’s Liberal Community Safety and Correctional Services Minister, last March during a debate on the bill. “It will extend qualified privilege in defamation law under the Libel and Slander Act.”

In other words, it’s an anti-SLAPP law. A handful of states in the US have recognized the damage bogus litigation can do to defendants even when plaintiffs clearly don’t have an actionable case. Laws like these also neutralize the chilling effect of bogus legal threats. Holding frivolous litigants responsible for legal fees tends to greatly reduce the number of questionable cease-and-desist demands issued by would-be litigants.

That such a law would be passed in Canada is somewhat of a coup considering its courts’ bizarre decisions in defamation cases. In some cases, courts have come to rational conclusions (Google is not a “publisher” of defamatory material simply by linking to it in search results). In others, courts opened up brand new avenues of liability, like in the case of blogger Michael Veck, who was ordered to pay $10,000 to the defamed party despite only re-posting what another writer had actually written.

October 1, 2012

Warren Ellis: Blasphemy charges are the modern replacement for libel suits

Filed under: Law, Media, Religion — Tags: , , — Nicholas @ 09:55

In his weekly column in Vice, Warren Ellis explains why we should expect to see much more activity filed under “blasphemy” than “libel” going forward:

All sides of a society can agree that speech should be free. Until, of course, it isn’t. George W Bush famously said, “There ought to be limits to freedom.” It’s the right to free speech until you say something that some people really don’t like. Often, something that the offended parties find it really hard to criminalise. It’s not quite as easy as it used to be to get libel, slander or malicious communication charges to stick to uncomfortable statements. Luckily for the uncomfortable, conservative countries have an ancient recourse. Something that was invented many thousands of years ago for the express purpose of keeping the uppity in line. Since summer, it’s been used in Russia as a political lever to shut people up, and in Greece too.

Blasphemy. The act of insulting something regarded as holy. Thomas Aquinas characterised it as “a sin against God”. He was big on the idea that sinners needed to be killed, was our Thomas, with the ethical caveat/fig-leaf that it should be secular courts that saw people “exterminated” so that the Church could pretend to have clean hands. Because, apparently, a god is not such a big thing that it cannot be made to feel sad.

Of course, the gods and prophets don’t even notice. The latter are dead and the former never showed any signs of life. Blasphemy, like heresy, is thoughtcrime: a questioning of institutions, authority structures and the way we live. When I wipe shit on the face of your god, I’m not doing it to your god – I’m doing it to you, because it’s you who serve it and you who use it as justification of your position. It’s a political act. It does, however, allow the state to pick up one of its most ancient weapons.

August 13, 2012

English law in the age of Twitter

Filed under: Britain, Law, Technology — Tags: , , — Nicholas @ 08:45

At The Register, OUT-LAW.COM outlines the things to avoid saying on Twitter:

Debates in Parliament, home visits from the police and distressed celebrities have all left tweeters a little unsure as to what is and what is not acceptable by law on Twitter.

The list of those offending and those offended keeps growing with recent high profile reports referring to Louise Mensch, Tom Daley, Guy Adams, Steve Dorkland, Helen Skelton and Kevin Pietersen. This guide discusses 10 legal risks which apply, or potentially apply, to Twitter, in the context of recent media attention given to the lawfulness of tweets.

This is not just of intellectual interest to those of us living outside England: American, Canadian, Australian, Dutch, Indian, or Zimbabwean Twitter users can be sued in English courts (your country may or may not have laws shielding you from this kind of legal action, but most currently do not: the law lags well behind the technology).

August 8, 2012

How British libel laws work (and why Jimmy Wales is wrong about them)

Filed under: Britain, Law, Media — Tags: , , , , — Nicholas @ 09:54

Tim Worstall explains that Jimmy Wales misunderstands what British libel laws really mean for publishers (and bloggers) in other countries:

The libel law of England and Wales is rather different from many other countries, yes. It’s a lot harder to defend against a charge there, damages are higher than in most other jurisdictions and so on. However, that isn’t the important point. What drags you into that jurisdiction is not where your servers are. Nor where the people who prepared the material, where it was uploaded nor where the company is located. What matters is where was the person reading it located?

Please note, this applies to us all. In all jurisdictions the result is the same. It applies to corporate websites, to blogs, to Wikipedia, to everyone. It is a generally accepted legal rule that publication of digital information takes place where it is read, not where it is “published”. The general logic is that at one point there is a copy on the server somewhere. Then, someone downloads it into a browser window in order to read it. At this time there are two copies, on in the browser, one on the server. This creation of a second copy is therefore publication. And that publication takes place in the jurisdiction of the reader, not anywhere else.

[. . .]

Thus Wikipedia not having servers in the UK, not being a UK corporation or charity, does not protect it from English libel laws. None of us are so protected from them, we are liable under them if as and when someone in England and Wales reads our pages.

[. . .]

But as I say, it is still true that jurisdiction on the internet depends upon where the reader is, not the producer or the servers. It’s not a happy thought that we’re now subject to 200 off legal jurisdictions every time we post something but it is true.

January 27, 2012

Popehat‘s Censorious Asshat round-up

Filed under: Cancon, India, Law, Liberty, Media — Tags: , , , , — Nicholas @ 09:14

If you’re not already following the adventures of Ken at Popehat, you’re really missing some entertainment. Here are a couple of items from this week’s round-up of the folks who want to shut you up when you say things they don’t like using the legal system as a large club:

First up, we have Dr. Randeep Dhillon! Dr. Dhillon is suing Jay Leno. Is he suing Jay Leno for being a trite, phone-it-in placeholder? NO! There’s no California cause of action for that! SAG would never allow it! No, Randeep Dhillon is suing Jay Leno for a lame joke about Mitt Romney suggesting that his vacation home was the Golden Temple of Amritsar, a holy site for Sikhs! [. . .]

Congrats, Dr. Dhillon! You win a date with California’s robust anti-SLAPP statute! You’re going to pay Jay Leno’s attorney fees in this case, which I will estimate to be $50,000! And because some people will generalize about Sikhs based on the act of one asshole — you — you’ve just done more to expose Sikhs to hatred, contempt, ridicule, and obloquy than that threadbare hack Leno ever could! Way to go!

And from closer to home (and, I note, the very first time I’ve needed to use the New Brunswick tag):

Next, ladies and gentlemen, we travel North, to Canada, and the Fredericton, New Brunswick Police Department! The Fredericton Police just staged a eight-officer raid of the apartment of Charles LeBlanc! Is Charles LeBlanc breaking bad with a meth lab? Does he have children in cages? Is he a gun-runner? No! He’s a blogger, and he’s being raided for criminal libel for criticizing the Fredericton Police! That’s right! The Fredericton Police Department not only thinks it is appropriate to serve search warrants on bloggers who say mean things to them, they think that they should execute the search warrants themselves, even though they are the alleged victims of the criminal libel! That’s the New Professionalism in action, ladies and gents! Stand and be amazed!

Update, 4 May, 2012: The charges against Charles LeBlanc have been dropped after the New Brunswick Attorney General determined that Alberta, Ontario, Saskatchewan and Newfoundland and Labrador have all found Section 301 to be unconstitutional and that no New Brunswick court would be likely to disagree with those decisions. More information at the CBC website.

January 16, 2012

Cory Doctorow recommends a book on English libel law

Filed under: Books, Britain, Law, Media — Tags: , , , , — Nicholas @ 10:17

There’s a reason that individuals and organizations try to sue for libel under English law, rather than their own national legal system:

The Guardian published a long excerpt from Nick Cohen’s forthcoming You Can’t Read This Book: Censorship in an Age of Freedom, a fantastic-looking book that reveals the dirty truth of English libel law, where “money buys silence” for some of the world’s most notorious dictators, thieves, and bad guys. English libel law is so broad that it allows, for example, Russian oligarchs to sue Russian newspapers for punitive sums (“the cost of libel actions in England and Wales is 140 times higher than the European average”) in an English court, merely by demonstrating that someone, somewhere in England looked at the paper’s website. And yet, the libel law in England and Wales doesn’t actually protect people from the most common forms of libelous publication: false declarations of criminal suspicion by the police, false claims of financial irregularities from credit reporting bureaux and false statements in former employers’ reference letters are protected unless they can be shown to have been malicious and negligent.

October 19, 2011

Supreme Court rules that linking to defamatory material is not libel

Filed under: Cancon, Law, Media, Technology — Tags: , , , , — Nicholas @ 12:03

The Supreme Court of Canada makes the common sense ruling:

Hyperlinking to defamatory material on the internet does not constitute publishing the defamatory material itself, the Supreme Court of Canada ruled Wednesday.

The ruling will alleviate fears that holding someone liable for how they use hyperlinks on websites, personal ones or others, could cast a chill on internet use.

The responsible use of the internet and how traditional defamation law applies to modern technologies were at issue in this case, which was watched closely by media organizations and civil liberties groups.

How someone can protect their reputation in the internet age when content is passed around with the quick click of a button was also considered in the case. On social media websites such as Facebook and Twitter, users often share links, and the court’s ruling could have dramatically disrupted that function had it gone the other way.

In its unanimous decision, the court said a hyperlink, by itself, should never be considered “publication” of the content to which it refers. But that doesn’t mean internet users shouldn’t be careful about how they present links. The court says that if someone presents content from the hyperlinked material in a way that repeats the defamatory content, they can be considered publishers and are therefore at risk of being sued for defamation.

May 10, 2011

Superinjunctions

Filed under: Britain, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 09:08

British law is already difficult enough for outsiders to suss out, but the recent use of superinjunctions to prevent even the hint that a story is being legally suppressed makes it even tougher:

The high profile are gagging, the press is losing the ability to speak, and now the Twitterati is vomiting up half-digested rumours. All the signs are that Britain is in the grip of the legal virus known as ‘injunctionitis’.

It makes for an unedifying spectacle. In between news of uprisings in the Middle East, the killing of Osama bin Laden and the marriage of Will’n’Kate, the British press has been running another set of stories about what it is forbidden from reporting. The reason for this is the increasingly problematic use of the injunction, a legal prohibition issued by a judge that prevents a particular story from being published. While these have been issued for a few years now with largely little public knowledge — especially after the use of so-called superinjunctions, which forbid people from mentioning the fact that an injunction exists — over the past year or so, the injunction in all its forms has started to make the news all by itself. Which, you’d be correct in thinking, rather defies the point.

In fact, over the past few weeks, the attempts by certain individuals to gag the press has resulted in an outbreak of calculated press indiscretion. There has been the tale of the unnamed English actor who employed the services of Helen Wood, a prostitute whose previous clients include footballer Wayne Rooney. Of course, given the injunction, Wood couldn’t do a proper bonk-and-blab about the actor, but there was enough detail there for a salacious few pages’ worth. Then there was the unnamed Premier League footballer who had allegedly been having an affair with Big Brother 7 victim/star Imogen Thomas. She has since been frequently pictured looking disconsolate in a series of fetching bikinis.

It’s bad enough when the government uses its powers to suppress public discussion of items of importance to “national security” (with the definition as loose as possible). It’s much worse when the courts are allowing private individuals and corporations to have their own version of court-imposed censorship, as there’s no possibility of it being a “national security” issue.

It has not just been the tabloids making news of the unreportable. There has also been the case of ex-Royal Bank of Scotland boss Fred Goodwin who took out a hyper-injunction, which absurdly forbids anyone from even talking about the subject of the injunction to the lawmakers themselves — namely, parliament. (Although, of course, someone did, hence we know about its existence if not any of the details.) And things became even crazier when a prominent member of the media, BBC journalist Andrew Marr, revealed that he himself had violated his own profession’s freedom by taking out an injunction in 2008 to hush up an infidelity. In fact, as The Times gleefully reported, there are over 30 high-profile injunctions currently in operation involving a whole heap of public figures, from footballers to politicians.

So, in at least one area, we’re back to there literally being two different kinds of law, differentiated by the wealth of the plaintiff.

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