In the rapidly evolving world of the internet, laws are written that have unintended and unexpected consequences which means that laws which are made by Judges who passed their Bar exams a decade before the personal computer was invented and commercialised, could have an extra damaging effect on the internet savvy public.
Was this elite, led by the top lawyers in the country so naïve so as to believe that information published on websites which are based abroad cannot be viewed in England?
Between the political parties’ unelected and unaccountable bureaucrat elite, which sits in Brussels, our own well intended, yet somewhat socially alienated judicial elite and a small group of celebrity elite, we end up with ridiculous Super-Injunctions which only serve to demonstrate how wide the gap is between the new style law makers and those who have to live with the consequences of such laws. It is perhaps not a coincidence that those who have been seeking Super-Injunctions are also part of an elite group; a financial elite which has perhaps little to do with the intellectual elite which has imposed on us these Super-Injunctions but still, these political, judicial and financial elites somewhat managed to get together and conspire to ensure that those who can afford it are able to prevent their innocent victims from telling the truth about the ‘well-off’s’ misdemeanour.
In a way, one cannot help feeling a bit sorry for all those who took part in this shameful attempt to conceal the truth. Did they not realise that these Super-Injunctions would not possibly last forever? Did they really believe that the whole world will slavishly adhere to court orders which are created with the sole purpose of suppressing the truth? Did it not occur to them that the internet also exists in the USA,Canada, Africa or the Middle East? Did they honestly believe that they can force an American based website to refrain from publishing the truth about corrupt celebrities, in particular as injunctions granted overseas are hardly enforceable in any of the American States?
One can perhaps understand how an anxious footballer, who perhaps might not be well versed with the ins and outs of the internet, could get carried away, and be willing to spend tens of thousands of pounds on worthless international gagging orders. But didn’t the lawyers bother to explain to their clients how the internet works? Did they forget to explain that it was inevitable that these ‘permanent’ worldwide injunctions could not have possibly lasted for long because of the way the internet works? Perhaps it is just that our elite is not as intellectual as it would like us to think it is.