Editing Injunction (section)

===={{anchor|UK super-injunctions|UK superinjunction|UK super-injunction|UK_superinjunctions}}Super-injunctions====
{{See also|2011 British privacy injunctions controversy|Super-injunctions in English law|Interdicts in Scots law}}
In England and Wales, injunctions whose existence and details may not be legally reported, in addition to facts or allegations which may not be disclosed, have been issued; they have been informally dubbed "super-injunctions".<ref>''[[Press Gazette]]'', 14 October 2009, [http://www.pressgazette.co.uk/story.asp?sectioncode=1&storycode=44466&c=1 MPs slam 'super injunction' which gagged Guardian] {{webarchive|url=https://web.archive.org/web/20110616111929/http://www.pressgazette.co.uk/story.asp?sectioncode=1&storycode=44466&c=1 |date=16 June 2011 }}</ref><ref>{{cite news| url=https://www.theguardian.com/uk/2009/oct/13/super-injunctions-guardian-carter-ruck | location=London |work=The Guardian  | title=How super-injunctions are used to gag investigative reporting | first=James | last=Robinson | date=13 October 2009}}</ref>

An example was the super-injunction raised in September 2009 by [[Carter-Ruck]] solicitors on behalf of oil trader [[Trafigura]], prohibiting the reporting of an internal Trafigura report into the [[2006 Ivory Coast toxic waste dump]] scandal. The existence of the super-injunction was revealed only when it was referred to in a parliamentary question that was subsequently circulated on the Internet ([[Parliamentary privilege in the United Kingdom|parliamentary privilege]] protects statements by MPs in Parliament which would otherwise be held to be in contempt of court). Before it could be challenged in court, the injunction was varied to permit reporting of the question.<ref>{{cite web |url=https://publications.parliament.uk/pa/cm201011/cmhansrd/cm110317/halltext/110317h0001.htm |title=House of Commons Hansard Debates for 17 Mar 2011 |publisher=Parliament of the United Kingdom |date=17 March 2011 }}</ref> By long legal tradition, parliamentary proceedings may be reported without restriction.<ref>"[https://www.theguardian.com/media/2009/oct/13/trafigura-drops-gag-guardian-oil Trafigura drops bid to gag ''Guardian'' over MP's question]", ''[[The Guardian]]'', 13 October 2009.</ref> Parliamentary proceedings are covered by [[Absolute privilege in English law|absolute privilege]], but the reporting of those proceedings in newspapers is only covered by qualified privilege. Another example of the use of a super-injunction was in a libel case in which a plaintiff who claimed he was [[English defamation law|defamed]] by family members in a dispute over a multimillion-pound family trust obtained anonymity for himself and for his relatives.<ref name=guardiansuper>{{cite news |url=https://www.theguardian.com/law/2011/mar/29/superinjunction-financier-libel-legal-case |title=Superinjunction scores legal first for nameless financier in libel action |work=The Guardian  |first=David |last=Leigh |date=29 March 2011 |access-date=3 April 2011 |location=London}}</ref>

[[Roy Greenslade]] credits the former editor of ''[[The Guardian]]'', [[Alan Rusbridger]], with coining the word "super-injunction" in an article about the Trafigura affair in September 2009.<ref name=standard>{{cite news |url=http://www.thisislondon.co.uk/markets/article-23943177-law-is-badly-in-need-of-reform-as-celebrities-hide-secrets.do |title=Law is badly in need of reform as celebrities hide secrets |work=[[Evening Standard]]|location=London|first=Roy |last=Greenslade |date=20 April 2011 |access-date=30 April 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110424125243/http://www.thisislondon.co.uk/markets/article-23943177-law-is-badly-in-need-of-reform-as-celebrities-hide-secrets.do |archive-date=24 April 2011}}</ref>

The term "hyper-injunction" has also been used to describe an injunction similar to a super-injunction but also including an order that the injunction must not be discussed with members of Parliament, journalists, or lawyers. One known hyper-injunction was obtained at the High Court in 2006, preventing its subject from saying that paint used in water tanks on passenger ships can break down and release potentially toxic chemicals.<ref>{{cite news| url=https://www.telegraph.co.uk/news/uknews/law-and-order/8394566/Hyper-injunction-stops-you-talking-to-MP.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/uknews/law-and-order/8394566/Hyper-injunction-stops-you-talking-to-MP.html |archive-date=12 January 2022 |url-access=subscription |url-status=live | location=London | work=The Daily Telegraph | first=Steven | last=Swinford | title='Hyper-injunction' stops you talking to MP | date=21 March 2011}}{{cbignore}}</ref> This example became public knowledge in Parliament under parliamentary privilege.<ref>{{cite news| url=https://www.theguardian.com/law/2011/mar/21/secrets-to-keep-hyper-injunction?INTCMP=SRCH| title=Got secrets you want to keep? Get a hyper-injunction| author=Tim Dowling |work=The Guardian| date= 21 March 2011| location=London}}</ref>

By May 2011, ''[[Private Eye]]'' claimed to be aware of 53 super-injunctions and anonymised privacy injunctions,<ref name="PE1288/5">{{cite journal |year=2011 |title=Number crunching |journal=Private Eye |volume=1288 |page=5 |publisher=Pressdram Ltd }}</ref> though [[David Neuberger, Baron Neuberger of Abbotsbury|Lord Neuberger's]] report into the use of super-injunctions revealed that only two super-injunctions had been granted since January 2010. Many media sources were wrongly describing all [[gagging order]]s as super-injunctions.<ref>{{cite news |url=https://www.bbc.co.uk/news/uk-politics-13465286 |title=Media concession made in injunction report |date=20 May 2011 |work=BBC News  |access-date=20 May 2011}}</ref> The widespread media coverage of super-injunctions led to a drop in numbers after 2011; however four were granted in the first five months of 2015.<ref name="PE1393/9">{{cite journal |year=2015 |title=A Philosophical Conundrum |journal=Private Eye |volume=1393 |page=9 |publisher=Pressdram Ltd }}</ref>