I think that the lawyers supporting the plaintiff, the footballer, are well aware of what they are doing and why. Leaving aside all the secondary, and ultimately unimportant, concern over the people and what they were doing, the pursuit of the leak is instrumental to their case and damages.
If the person who leaked the story works for a company and was acting in an official capacity, the damages are going to be extensive because the publicity is so extensive. What will be particularly sad is that the other person is likely to be unaware of how at risk they are *if* they have colluded with the company to breach and that collusion can be demonstrated. Once the headlines have faded and the next scandal is on the front page, they will find there is less sympathy and support than they currently enjoy.
To be sure, the issue will not be the identity or the publicity or the material, but the initial breach. One only need to look at the wikileaks scenario. We enjoyed the titillation of being able to see inside the sub-conscious of public diplomacy, but it is Bradley Manning who is sitting in a cell. The military lawyers for the USG know what they are doing as do the lawyers for the footballer.
The lawyers are not going after the publicity, they are going after the money. Yes, the name is out there and the publicity is there, but the fundamental first point remains and that is where it will be resolved long after the headlines have moved onto a new story.
The legal trend, Campbell and Mosley, is running against the papers rather than for them even though they may win on the publicity front. As soon as the publicity front earns less than the legal front, we will see a different ethos within the press.
Best,
Lawrence
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of chris pounder
Sent: 23 May 2011 10:38
To: [log in to unmask]
Subject: [data-protection] FW: Hawktalk: Privacy, the Press and Twitter: some uncomfortable truths
Privacy, the Press and Twitter: some uncomfortable truths
Just published on http://amberhawk.typepad.com/
Privacy, the Press and Twitter: some uncomfortable truths
Just published on http://amberhawk.typepad.com/
I wrote last Friday's blog before the weekend's Twittering events and it is quite clear that the injunction protecting the footballer's privacy is unsustainable. Clearly barring all of the press from mentioning a name simply is a non-starter (especially as the footballer's name was chanted by fans at yesterday's Premier League games). However, several facts are being missed in the current reporting furore....
If interested follow the link
Dr. C. N. M. Pounder
Director, Amberhawk Training Ltd
Phone: 0845 680 2623 or Mob: 07735 365 585
[cid:image001.jpg@01CC1934.CF1F4AB0]
www.amberhawk.com
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