Toxic law on behalf of toxic corporations

An unprecedented attempt by a British oil trading firm to prevent the Guardian reporting parliamentary proceedings collapsed today following a spontaneous online campaign to spread the information the paper had been barred from publishing.

Carter-Ruck, the law firm representing Trafigura, was accused of infringing the supremacy of parliament after it insisted that an injunction obtained against the Guardian prevented the paper from reporting a question tabled on Monday by the Labour MP Paul Farrelly…

In today’s edition, the Guardian was prevented from identifying Farrelly, reporting the nature of his question, where the question could be found, which company had sought the gag, or even which order was constraining its coverage.

Having a lifetime of experience with the absence of freedom in lands which perpetually pat themselves on the back – for being free – I didn’t pay much attention to the earlier article.

But overnight numerous users of the social networking site Twitter posted details of Farrelly’s question and by this morning the full text had been published on two prominent blogs as well as in the magazine Private Eye.

Carter-Ruck withdrew its gagging attempt by lunchtime, shortly before a 2pm high court hearing at which the Guardian was about to challenge its stance, with the backing of other national newspapers…

The Commons question reveals that Trafigura has obtained a hitherto secret injunction, known as a “super-injunction”, to prevent disclosures about toxic oil waste it arranged to be dumped in west Africa in 2006, making thousands of people ill…

The use of “super-injunctions”, under which commercial corporations claim the right to keep secret the fact that they have been to court, has been growing…

“It also fails to protect whistleblowers acting in the public interest. The huge legal bills involved in fighting cases, too, have a chilling effect on legitimate investigative journalism.

Golly – glad we needn’t worry this happening in the GOUSA.




  1. Michael says:

    The internet rulez.

    ’nuff said.

  2. Timuchin says:

    I use the Times of India to find out what is happening in America that the American media aren’t allowed to publish. It takes a day for the American government to force India to suppress stories over there.

  3. bobbo, well, there are two types of people in the world says:

    I am still waiting for Obama to bring transparency to our government. Simple rules/rule changes can have massive downstream effects.

    C’mon Obama!!!!!!!!

  4. chuck says:

    Twitter beats the injunction.

    But, the law that allows the injunction still remains. So a corporation can get an injunction which not only prevents discussion (free speech) about a topic, but also forbids revealing that the injunction exists.

    In this instance, I’d expect that parliament will change the law so that they (the MPs) are not restricted by such injunctions. But it is then still up to the MP to reveal the matter, and then find someone who can report on it.

    The law permitting the injunctions should simply be repealed completely.

  5. NobodySpecial says:

    @chuck
    They already did – in 1689.
    The bill of rights effectively puts parliament above the courts, you can’t be sued for libel for something you say in parliament for instance.

    The solicitors found a judge who had conveniently forgotten this to serve the injunction – they knew it would be thrown out of court, but the idea is simply to squash the story for long enough to miss that days newspaper deadline.
    In the past this was enough – it would be old news and once it’s no longer an exclusive the papers aren’t interested.
    Unfortunately for them a “parliament gagged” story is much bigger and twitter doesn’t have deadlines.

  6. deowll says:

    #2 So I need to be reading the Times in India to get the news for America?

    That stinks but it might be true.

  7. highaman says:

    Who takes Twitter seriously anyway ?
    Isn’t Twitter first and foremost a tool of disinformation?

  8. ECA says:

    The problems we are going to have will be in the future.
    THOSE good hearted enough to allow the PEOPLE to know what is happening, will be CUT OFF. The net will be CENSORED from ON GOING/CURRENT activities IF’ we do not SPEAK UP NOW.
    FIX the net, dont regulate it.

    Something like this happened before, and was STOMPED into the ground. A newspaper was publishing ALL the proposals brought to congress, and was STOMPED to death for it.

  9. sargasso says:

    Twitter will succumb to the will of The Establishment, it’s been around for a thousand years.

  10. yanikinwaoz says:

    #6 Deowll:

    I usually go to Watching America

    They translate overseas news about the US into English. It is really eye opening to read the news they (especially Russia) publish for local consumption. About half is right, and the other half is exaggerated BS or outright lies designed to deflect local criticism to the US.

    In other words, they have perfected the art of “Blame America for all that ills you”.

    In particular, the Middle East, Russian, and Central Asian news articles are usually pretty inflammatory.. especially the op-eds they print.

    Since the presidential election, the Israeli news has been very anti-US.

    Enjoy.

  11. Floyd says:

    ECA#8: “Something like this happened before, and was STOMPED into the ground.” Can you provide a citation or news item that hasn’t been stomped?

  12. ECA says:

    11,
    hasnt been stomped?

    Those that are backed by the 2 main groups running(ruining) this country.


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