OPO v MLA & Anor
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LADY JUSTICE ARDEN
- LORD JUSTICE JACKSON
- LORD JUSTICE McFARLANE
Areas of Law
- Human Rights Law
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The court had to decide if certain graphic descriptions in a book involving sensitive topics should remain confidential to protect a vulnerable child. The court ruled in favor of injuncting the graphic content to prevent potential emotional harm, considering the expedited trial order, cross-undertaking in damages, and limited scope of the statements.
JUDGMENT
(Published on 2 June 2015, with minor redactions, following the decision of the Supreme Court in Rhodes v OPO)
Mr Justice Bean :
The claimant is an 11 year old boy living in the United States of America with his mother, who is his litigation friend for the purposes of this claim. He was born in the UK and has British citizenship. The first defendant, his father, is a British citizen resident in London. The second defendant is a publisher, based in Edinburgh, that wishes to publish an autobiographical book by the first defendant.
The father is a classical musician who has appeared on television, has his own website and is sufficiently well known to be the subject of a Wikipedia page. During his own childhood he was the victim of serious and sustained sexual abuse. He has a history of mental illness, including a period of inpatient treatment, suicide attempts and self harming by cutting. In 2008, using a pseudonym, he wrote (among other matters) about the sexual abuse he suffered as a child.
The father has now written his autobiography and the second defendant wishes to publish it, using his real name. A draft of the book was sent anonymously to the mother in February 2014. Following extensive correspondence between solicitors a modified draft has been produced. It includes graphic accounts of the father’s childhood sexual abuse and the lasting harm that it has caused him; of his mental health issues as an adult with details of his treatment; of his suicidal thoughts; and of his attempts at suicide and his self-harming, including a particularly graphic account of cutting himself with a razor blade.
The leaked first draft had recounted the father’s worries about a number of matters and a letter addressed to his son. These have been removed from the proposed book and replaced by a general expression of concern that the son will be at risk of harm. The references in the book to the claimant (who is referred to as “Jack”, which is not his real name) are overwhelmingly positive and affectionate. There is nothing said against the son: quite the contrary.
The mother (who is referred to in the book as “Jane”, again not her real name) considers that it would be harmful to the claimant if the book were to be published. In support of that argument she has obtained evidence from two expert witnesses. One of these, Dr Tizzard, a consultant psychologist, in an expert’s report dated 24 th June 2014 (one week before the hearing), writes:-
“If either of the