The End of Innocence: Open Justice, Free Speech and Privacy in the Modern Constitution – Khuja (Formerly PNM) V Times Newspapers Limited

30 Pages Posted: 7 Jan 2019

See all articles by Robert Craig

Robert Craig

London School of Economics & Political Science (LSE)

Date Written: January 2019

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.

Keywords: Open Justice, Privacy, Freedom of Information, Presumption of innocence, Injunction, Media

Suggested Citation

Craig, Robert, The End of Innocence: Open Justice, Free Speech and Privacy in the Modern Constitution – Khuja (Formerly PNM) V Times Newspapers Limited (January 2019). The Modern Law Review, Vol. 82, Issue 1, pp. 129-145, 2019. Available at SSRN: https://ssrn.com/abstract=3310435 or http://dx.doi.org/10.1111/1468-2230.12391

Robert Craig (Contact Author)

London School of Economics & Political Science (LSE) ( email )

Houghton Street
London, WC2A 2AE
United Kingdom

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