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It was banned from a British newspaper to publish allegations of sexual harassment and racial abuse against a prominent businessman by former collaborators and colleagues.
Under the Media Act in England and Wales, the courts can prevent the publication of articles which, in their opinion, are not in the public interest and protect the right of any person to privacy. In 2011, British football player Ryan Giggs got an injunction barring The Sun from publishing details of an alleged affair, but Twitter users recounted the story and Liberal Democrat MP John Hemming appointed him to Parliament, thereby using parliamentary privilege.
In The Telegraph case, the Court of Appeal ruled that the publication could not publish the story, as this would violate the confidential confidentiality agreements of the businessman.
"The ruling indicated that at this interim stage, the judges had concluded that it was" likely "that the businessman could establish that his right to keep these matters confidential was the only way to ensure that he had the right to do so. would override any public interest, adding "there is a real prospect that publication by the Telegraph will cause immediate, substantial and possibly irreversible harm to all applicants," wrote Claire Newell, editor-in-chief. investigations at the Telegraph, at the head of the newspaper.
The Telegraph said it had interviewed more than two dozen staff and associates of this businessman, who alleged intimidation as well as more serious charges of sexual harassment and racism and that some people had signed NDAs. If these people do not respect their agreements, they could be subject to legal action and lose settlement money.
The newspaper adds that, had it been authorized to publish, the identity of the applicants will remain anonymous.
The NDAs have been extensively reviewed as a means of disguising wrongdoing. In October 2017, Zelda Perkins, a former Weinstein assistant, publicly broke her agreement. In March, she called for a reform of the confidentiality agreements because "they are used in an abusive manner and in the respect of the law".
In July, the High Court ruled that the publication of the allegations against the businessman in The Telegraph would be in the public interest, outweighing the confidentiality agreements, but the The case was immediately appealed. On Tuesday, the businessman got a temporary injunction from the Court of Appeal, which prevents publication – for now. The court ordered that the case be tried.
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