Scottish newspaper identifies injunction footballerPaper publishes 'censored' picture on front page, and attorney general reportedly looking into separate journalist's tweets
Share154 Adam Gabbatt and Matthew Taylor guardian.co.uk, Sunday 22 May 2011 12.41 BST Article history
Imogen Thomas's alleged former lover has been unmasked by a Scottish newspaper. Photograph: Ian Nicholson/PA
The storm over the use of privacy injunctions to suppress publication of celebrity sexual indiscretions has escalated, with a Scottish newspaper revealing the identity of a footballer who allegedly had an affair with the model Imogen Thomas.
Separately, the attorney general is reported to be considering a criminal prosecution against a British journalist who allegedly used Twitter to name a different footballer who has also taken out a privacy injunction.
The Scottish newspaper, which the Guardian cannot name for legal reasons, devoted its front page to a large picture of the footballer's face, with a black band across his eyes and the word "censored" in capital letters. The player is easily recognisable.
Below the picture is the text: "Everyone knows that this is the footballer accused of using the courts to keep allegations of a sexual affair secret. But we weren't supposed to tell you that ..."
In its editorial column, the newspaper wrote: "Today we identify the footballer whose name has been linked to a court superinjunction by thousands of postings on Twitter. Why? Because we believe it is unsustainable that the law can be used to prevent newspapers from publishing information that readers can access on the internet at the click of a mouse.
"Because we believe it unfair that the law can not only be used to prevent the publication of information which may be in the public interest but also to prevent any mention of such a court order. The so-called superinjunction holds no legal force in Scotland where a separate court order is needed. We should point out immediately that we are not accusing the footballer of any misdeed. Whether the allegations against him are true or not has no relevance to this debate."
Neither the front page or the editorial have been published on the newspaper's website.
On Friday it emerged that the high court had granted a search order against Twitter, in an attempt to compel it to identify those who had named the same footballer.
The lawsuit lists the defendants as "Twitter Inc and persons unknown". The "persons unknown" are described as those "responsible for the publication of information on the Twitter accounts".
Lawyers have applied for a court order that could force Twitter to hand over the name, email address and IP address of the person behind each account.
Twitter has said it is unable to comment on the case against it. The order requires Twitter to provide the information within seven days, or within the appropriate time required by the law in California, where it is based.
In a separate development, the attorney general, Dominic Grieve, is reportedly considering criminal prosecution against a journalist who allegedly used Twitter to name a different footballer who had taken out a privacy injunction.
The Mail on Sunday reported that the privacy judge Mr Justice Tugendhat had passed the case to the attorney general. The journalist is believed to write for a prominent British newspaper, but the breach relates to information posted on his personal Twitter account.
The tweets, which have since been deleted, are believed to have been published about 10 days ago, during a football match. The Guardian cannot reveal the content of the posts for legal reasons.
The Mail said it had approached the journalist outside his home in London. "Basically at this point I can't say anything at all because it might be in contempt of court. I'd say what I think, but if it's a possibility of me [going to prison] ...," he told the newspaper.
"And there was a quote I noticed from the lawyers today, Schillings, saying, 'No one's going to go to prison over this', but we don't know that. Because it could be contempt of court, I think it would be stupid to say anything at all."
Schillings are believed to represent the player named in the journalist's tweets.
Anyone know which paper it was?