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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.
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