Attorney-General v Guardian Newspapers Ltd (No 2) (Spycatcher)

Facts

A former security service officer wrote a memoir about his work. It was published abroad. The government sought permanent injunctions against newspapers.

Issue

Should the injunctions continue once the book was freely available worldwide?

Held

No. The author owed a lifelong duty of confidence, but the information was now in the public domain, so the injunctions against the newspapers were refused.

Principle

Confidence may justify restricting expression, but not where the information is already public and no further harm can be prevented.

Why it matters

Shows how freedom of expression is balanced against confidentiality and national security.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.