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The end of innocence: Open justice, free speech and privacy in the modern constitution. Khuja (formerly PNM) v Times Newspapers Limited

Craig, Robert

The end of innocence: Open justice, free speech and privacy in the modern constitution. Khuja (formerly PNM) v Times Newspapers Limited Thumbnail


Authors

Robert Craig



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.

Citation

Craig, R. (2019). The end of innocence: Open justice, free speech and privacy in the modern constitution. Khuja (formerly PNM) v Times Newspapers Limited. Modern Law Review, 82(1), 129-145. https://doi.org/10.1111/1468-2230.12391

Journal Article Type Article
Acceptance Date Aug 3, 2018
Online Publication Date Jan 4, 2019
Publication Date Jan 4, 2019
Deposit Date Jan 23, 2019
Publicly Available Date Jan 4, 2020
Journal Modern Law Review
Print ISSN 0026-7961
Publisher Wiley
Peer Reviewed Peer Reviewed
Volume 82
Issue 1
Pages 129-145
DOI https://doi.org/10.1111/1468-2230.12391

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Copyright Statement
This is the accepted version of the following article: Craig, Robert (2019). The end of innocence: Open justice, free speech and privacy in the modern constitution. Khuja (formerly PNM) v Times Newspapers Limited. Modern Law Review 82(1): 129-145 which has been published in final form at https://doi.org/10.1111/1468-2230.12391. This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.




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