Twitter Did Not Win It

Wikileaks, a site at the centre of the fightback against Trifigura and Carter-Ruck’s attempt to prevent the Guardian reporting on Jack Straw’s response to attempts to suppress the Minton Report in parliament, suggests Twitter didn’t end up saving free speech:

This ill-informed back-patting follows the dropping of a secret UK High Court gag order blocking the Guardian’s reporting of parliamentary questions by Paul Farrelly MP. Farrelly’s questions related to press freedoms and in particular, a leaked WikiLeaks report, the so-called “Minton report” which exposed a toxic dumping disaster inflicted on the Ivory Coast by oil trading giant Trafigura, which is reported to have hospitalized over 100,000 people.

However, a more substantive secret gag order against the report, granted in September, entirely prevents the reporting of its contents and remains in effect. It is not the only one. Last month, the Guardian revealed that it had been served with 10 secret gag orders—so-called “super-injunctions”— since January. In 2008, the paper was served with six. In 2007, five. Haven’t heard of these? Of course not, they are secret gag orders. The UK press has given up counting regular injunctions.

To understand the crucial events in this case, we need to go back to September when commodities giant Trafigura obtained the original “super injunction” preventing discussion of the leaked Minton report into the Ivory Coast disaster.

During September and the preceding months, investigative reporters from the Guardian, Norway’s NRK TV, the Independent, the BBC’s Newsnight, the Dutch press, Greenpeace and lawyers for the victims were collaborating to show Trafigura’s culpability.

It’s a blistering editorial, which everyone who cares about the freedom of the press and free speech in general should read as a priority. In essence the Guardian (amongst others) was hit with a gag order preventing reporting on the Minton Report on September 11th. Paul Farrelly MP was then understood to have intended his parliamentary question to draw attention to the order, given that libel laws are not applicable in the Houses of Parliament, so Carter-Ruck went for a second injunction in effect to shut him up too, and against all expectation succeeded. The Guardian made the second gag the national issue and drew the worldwide blogosphere in on its side, but Wikileaks believes the second injunction fell despite the massive Twitter intervention (the subject of earlier posts); with politicians amongst the targets it was inevitable. The lawsuits and gags in place before the attack on Farrelly remain untouched, and politicians are now largely disinterested in the subject. Free speech in the UK remains laughable, when it can be suppressed with a big enough chequebook, even over matters of vital public interest such as Trafigura’s dumping of toxic waste in Ivory Coast.

The Minton Report can be found here.

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