The Ryan Giggs affair has demonstrated that the legal tools for protection of privacy aren’t working. In fact, there’s no question that the actions of Giggs’s lawyers have turned a fairly standard naughty footballer story into something far bigger. So if the injunctions system doesn’t work, what can be done to protect a person’s privacy?
The truth is, nothing can be done. If someone discovers something interesting and they put it on the internet and others find it interesting then it will spread. It may be possible to police traditional media channels, but it is entirely unrealistic to do the same for the world wide web. Just ask Barbra Streisand.
This may be an unpalatable truth for those who would normally hide behind a super-injunction, and it may make Article 8 of the Human Rights Convention untenable, but it is a truth nonetheless; it is just the way things are in the information age.
The publishing industry is discovering that they can’t control what people put on the internet, and they are having to adapt the way they conduct their business accordingly. Perhaps it’s also time for Premiership footballers to adapt the way they conduct their business.