Businessman Sir Philip Green has recently lost a case against being publicly named in Parliament regarding misconduct allegations reported by a newspaper. This case arose after a Labour peer revealed in the House of Lords that Sir Philip had obtained a court order to block the Telegraph from publishing a story about the allegations. Due to parliamentary privilege, MPs and peers have the right to free speech without the risk of legal action taken against them.
The European Court of Human Rights ruled that Sir Philip’s human rights were not violated by being named in the House of Lords in 2018. This decision stemmed from Sir Philip’s court injunction that prevented the Telegraph from publishing allegations of misconduct, which included sexual and racial abuse and bullying by five former employees who had agreed to keep their complaints confidential under non-disclosure agreements.
Despite Sir Philip’s denial of any unlawful behavior and blaming the Telegraph of having a vendetta against him and his employees, the Telegraph ultimately reported the allegations after the Labour peer revealed Sir Philip’s involvement in the injunction using parliamentary privilege in October 2018. Following a complaint lodged in April 2019 regarding the breach of confidence claim against the Telegraph, Sir Philip’s lawyers argued that his right to a fair trial and privacy had been violated due to the revelation.
The European Court of Human Rights upheld the ruling against Sir Philip, stating that his right to privacy under Article 8 was not breached. They further deemed his complaints under Article 6 (right to a fair hearing) and Article 13 (right to an effective remedy) as “inadmissible”. The court stressed that national parliaments are better equipped to regulate the disclosure of information under parliamentary privilege, emphasizing the importance of preserving free speech in Parliament. Lord Hain, who named Sir Philip in the House of Lords, expressed satisfaction with the court’s decision and criticized the businessman for his legal actions, calling for respectful behavior
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