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Injunctions

With the law in its early days, there has been much concern that people with enough financial backing could get last minute injunctions halting publications on the grounds a story would infringe their right to privacy, thereby contravening section 8. The act has now been amended with a section 12.

If the reporter is not present when an application for an injunction is made, the court must not grant it, unless the court is happy that the person seeking to stop publication has made all realistic attempts to notify him/her, or that there are compelling grounds not to tell the journalist.

The court must not grant an injunction before trial unless the person making the application is likely to establish at the trial that publishing the story should not be allowed.