NEJ v BDZ (Helen Wood)
Encyclopedia
NEJ v BDZ is a 2011 High Court
case involving issues of privacy in English law
.
On 13 April 2011, Mr. Justice King granted an anonymised privacy injunction (often incorrectly referred to as a superinjunction), preventing the publication of details of an alleged extra-marital relationship between NEJ (described as "a world famous celebrity" and "an actor, well-known to the public"), and BDZ, a prostitute who claimed to have met and had sex with the actor in Dublin in December 2009. At the 13 April hearing, the judge allowed BDZ to be named as 23-year-old Helen Wood of Bolton
, Greater Manchester
. In its original form as granted by Mr. Justice Blake on 9 April 2011, the injunction had prevented the UK media from naming either party or reporting the reason why the injunction had been sought.
The case sparked a debate about whether the newspapers that wanted to publish Ms Wood's claims had a public interest defence based on Article 10 of the European Convention on Human Rights, which guarantees the right to freedom of expression, or whether NEJ was entitled to privacy in accordance with Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life. There was criticism that, as in CTB v News Group Newspapers
, the court had allowed the woman involved to be named, but not the man. In his decision published in July 2011, Mr. Justice King explained that Wood had been named as she did not seek anonymity, and had offered information about the case to The Sun. In an interview on BBC Radio 5 Live
in May 2011, Helen Wood criticised the injunction, saying that the publication of some of the alleged names of persons involved in injunctions on Twitter
had made "a mockery" of the law.
, the injunction preventing the naming of NEJ remains in place.
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
case involving issues of privacy in English law
Privacy in English law
Privacy in English law is a rapidly developing area of English law that considers in what situations an individual has a legal right to informational privacy, that is to say the protection of personal information from misuse or unauthorised disclosure. Privacy law is distinct from those laws such...
.
On 13 April 2011, Mr. Justice King granted an anonymised privacy injunction (often incorrectly referred to as a superinjunction), preventing the publication of details of an alleged extra-marital relationship between NEJ (described as "a world famous celebrity" and "an actor, well-known to the public"), and BDZ, a prostitute who claimed to have met and had sex with the actor in Dublin in December 2009. At the 13 April hearing, the judge allowed BDZ to be named as 23-year-old Helen Wood of Bolton
Bolton
Bolton is a town in Greater Manchester, in the North West of England. Close to the West Pennine Moors, it is north west of the city of Manchester. Bolton is surrounded by several smaller towns and villages which together form the Metropolitan Borough of Bolton, of which Bolton is the...
, Greater Manchester
Greater Manchester
Greater Manchester is a metropolitan county in North West England, with a population of 2.6 million. It encompasses one of the largest metropolitan areas in the United Kingdom and comprises ten metropolitan boroughs: Bolton, Bury, Oldham, Rochdale, Stockport, Tameside, Trafford, Wigan, and the...
. In its original form as granted by Mr. Justice Blake on 9 April 2011, the injunction had prevented the UK media from naming either party or reporting the reason why the injunction had been sought.
The case sparked a debate about whether the newspapers that wanted to publish Ms Wood's claims had a public interest defence based on Article 10 of the European Convention on Human Rights, which guarantees the right to freedom of expression, or whether NEJ was entitled to privacy in accordance with Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life. There was criticism that, as in CTB v News Group Newspapers
CTB v News Group Newspapers
CTB v News Group Newspapers is an English legal case between Manchester United player Ryan Giggs, given the pseudonym CTB, and defendants News Group Newspapers Limited and model Imogen Thomas....
, the court had allowed the woman involved to be named, but not the man. In his decision published in July 2011, Mr. Justice King explained that Wood had been named as she did not seek anonymity, and had offered information about the case to The Sun. In an interview on BBC Radio 5 Live
BBC Radio 5 Live
BBC Radio 5 Live is the BBC's national radio service that specialises in live BBC News, phone-ins, and sports commentaries...
in May 2011, Helen Wood criticised the injunction, saying that the publication of some of the alleged names of persons involved in injunctions on Twitter
Twitter
Twitter is an online social networking and microblogging service that enables its users to send and read text-based posts of up to 140 characters, informally known as "tweets".Twitter was created in March 2006 by Jack Dorsey and launched that July...
had made "a mockery" of the law.
, the injunction preventing the naming of NEJ remains in place.
See also
- 2011 British privacy injunctions controversy2011 British privacy injunctions controversyThe British privacy injunctions controversy began in early 2011, when London-based tabloid newspapers published stories about anonymous celebrities that were intended to flout what are commonly known in English law as super-injunctions, where the claimant could not be named, and carefully omitting...
- Ferdinand v Mirror Group NewspapersFerdinand v Mirror Group NewspapersFerdinand v Mirror Group Newspapers is a 2011 High Court case in which the English footballer Rio Ferdinand was unsuccessful in preventing the publication of a tabloid newspaper story revealing details of an alleged sexual relationship.-Background:...
- Human Rights Act 1998Human Rights Act 1998The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
External links
- Superinjunctions, gagging orders and injunctions: the full list The GuardianThe GuardianThe Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
, 5 August 2011.