Robert Craig
The end of innocence: Open justice, free speech and privacy in the modern constitution. Khuja (formerly PNM) v Times Newspapers Limited
Craig, Robert
Authors
Abstract
This case note explores the issue of open justice considered by Khuja (formerly PNM) v Times Newspapers Limited in the Supreme Court and argues that the current law is confused and incoherent. Far from settling the debate, it is suggested that the decision further undermines some of the key assumptions underpinning the current approach, especially in the light of the compelling and humane minority judgment. This leaves the area ripe for reconsideration in general terms. This note challenges many of the formulaic slogans and rhetoric in previous case law as well as suggesting that the meaning of open justice has been lost in current discourse. After summarising the facts, this note sets out the majority and minority judgments, before analysing some of the conceptual difficulties raised – particularly those of open justice, privacy, presumption of innocence and freedom of speech.
Citation
Craig, R. (2019). The end of innocence: Open justice, free speech and privacy in the modern constitution. Khuja (formerly PNM) v Times Newspapers Limited. Modern Law Review, 82(1), 129-145. https://doi.org/10.1111/1468-2230.12391
Journal Article Type | Article |
---|---|
Acceptance Date | Aug 3, 2018 |
Online Publication Date | Jan 4, 2019 |
Publication Date | Jan 4, 2019 |
Deposit Date | Jan 23, 2019 |
Publicly Available Date | Jan 4, 2020 |
Journal | Modern Law Review |
Print ISSN | 0026-7961 |
Electronic ISSN | 1468-2230 |
Publisher | Wiley |
Peer Reviewed | Peer Reviewed |
Volume | 82 |
Issue | 1 |
Pages | 129-145 |
DOI | https://doi.org/10.1111/1468-2230.12391 |
Public URL | https://durham-repository.worktribe.com/output/1304667 |
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Copyright Statement
This is the accepted version of the following article: Craig, Robert (2019). The end of innocence: Open justice, free speech and privacy in the modern constitution. Khuja (formerly PNM) v Times Newspapers Limited. Modern Law Review 82(1): 129-145 which has been published in final form at https://doi.org/10.1111/1468-2230.12391. This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.
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