Recommendation 49

The Government’s proposals to amend section 12(3) would limit the ability of individuals seeking to enforce their rights, for example, to private and family life, or to a fair trial, where an imminent publication of material could constitute a breach of those rights. The purpose of interim injunctions is to prevent injustice before a trial of the issues can take place. The higher the threshold introduced by the Government, the more likely that injustice and breaches of privacy and fair trial rights will result from the publication of material.