Courts allowing them a margin of appreciation to

Info icon This preview shows page 4. Sign up to view the full content.

View Full Document Right Arrow Icon
courts, allowing them “a margin of appreciation” to conclude that the grant of injunctive relief was necessary, especially in light of what the Court saw as their careful weighing of the public interest in preventing disclosure and the public interest in disclosing the information. Finally, the Court concluded that the temporary injunction was proportionate as it was not a blanket prohibition – publication was forbidden, but seeking a public inquiry into the allegations contained in the book was not. 1 The Court noted that the injunctions were supposed to be temporary but were actually in force for more than a year, but then countered itself with the fact that the trial had actually gone forward. The Court’s conclusion is one of deference to the domestic tribunal – the national authorities were entitled to judge the restrictions necessary. For the second period, however, the Court reached a different conclusion. Once the information had been disseminated through the country by means of copies published abroad, then the campaign “to preserve the secret character of information that ought to be kept secret” was lost. The reason for the restriction was no longer preserving national secrets , but “the promotion of the efficiency and reputation of the Security Service, notably by preserving confidence in that Service on the part of third parties, making it clear that the unauthorised publication of memoirs by its former members would not be countenanced, and deterring others who might be tempted to follow in Mr. Wright’s footsteps.” The Court concluded that these were not sufficient reasons to restrict the newspapers from publication. When information is no longer secret, the reasons for the State to impose such restrictions would tend to be rejected by the Court, is an analysis which is supported out by another case decided by the Court: In this case, the Court concluded that, if the information is no longer secret, limits on its distribution are not justified. Vereniging Weekblad Bluf! v. The Netherlands , Case no. 44/1993/439/518, para. X ( Exhibit 25 ). Jaffa, April 20, 2004 Fredrik S. Heffermehl Vice President, International Association of Lawyers Against Nuclear Arms Niels Juels gt. 28 A, N-0272 Oslo, Norway [email protected] 1
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern