What are the key legal issues surrounding the David Walliams case?
Effort to stop Guardian and ITN from publishing allegations of inappropriate sexual behaviour was unprecedented
TL;DR
- David Walliams attempted to obtain a permanent injunction to stop The Guardian and ITN from publishing allegations of inappropriate sexual behaviour.
- The media outlets claimed over 30 sources with first-hand accounts of alleged abuse of status for exploitative sexual activities.
- Walliams' legal team argued that publishing the allegations was "highly likely" to lead to suicide attempts, invoking articles 2 and 8 of the ECHR (right to life, inhuman/degrading treatment, and private/family life).
- The media's legal team countered that the European Court of Human Rights had not recognized a duty to protect claimants from self-harm by stopping publication, and that the state's duty fell to the NHS.
- A jointly appointed medical expert found Walliams had a serious psychiatric vulnerability and an elevated risk of suicide, which would substantially increase with anticipation and publication.
- The judge acknowledged the genuine and grave risk of suicide but deemed it insufficient grounds for an injunction, stating it was "necessary but not sufficient".
- The judge ruled in favour of freedom of expression, noting the public interest in the allegations and the rights of sources to share their experiences.