The new proposal could allow celebrities to try to stop news coverage about their activities.
A new Bill of Rights will outline the rights to freedom of speech and highlight the need for a free press.
These changes will clarify that the courts shouldn’t allow any steps to restrict freedom of expression unless there is an ‘exceptional reason’.
The injunction is one of the most common legal tools to limit freedom of expression. It’s a court order that can be obtained through a request to a judge and prohibits specific information.
Famous celebrities have made use of injunctions to hide extra-marital affairs.
The current Human Rights Act was introduced by Tony Blair’s Labour government. Courts can issue an injunction when it’s ‘likely” that a judge will rule in a case that publication shouldn’t be permitted.
Dominic Raab’s plan would call for applicants to present a stronger argument in order to get an injunction
Dominic Raab’s plans will require applicants to present more compelling arguments to receive an injunction.
The consultation paper stated that the government was considering whether an even higher threshold is necessary.
However, it did not specify what new measures could be.
Injunctions were issued “almost automatically” by vacant or weekend-duty judges who did not have any expertise in privacy law or knowledge of the Human Rights Act.
It was noted by Lord Nicholls who, as a Law Lord in 2005, stated that the most appropriate threshold to injunction should not be “probably” or “more likely than it”, a considerably higher legal hurdle.
Yesterday’s consultation paper by TUES also raised wider concerns regarding free speech amid rising fears of a ‘cancel culture’ that is suppressing legitimate discussion.
Boris Johnson was questioned by an official spokesperson who stated there were concerns over a mix of privacy law licensed under the Human Rights Act, and society’s sensitivity to opposing views.
The spokesman stated that freedom of expression is essential for democratic society.
Boris Johnson, Prime Minister of Britain’s, spokeswoman said that there are concerns about a mixture of Privacy Law ‘licensed by’ the Human Rights Act as well as the sensitivity of our society towards opposing views. This has ‘whittled down some of the room for discussion’