Gagging order to protect celebrity failed, says judge

A JUDGE who imposed a draconian gagging order to protect a cheating celebrity yesterday conceded that the star’s identity is already available to ‘anyone’.

Lord Justice Rupert Jackson also said the widespread reporting of the case abroad and online meant the married man’s children, who the injunction is also meant to shield, will find out ‘sooner or later’.

Details of the threesome with another couple have already been published around the globe, including in Scotland.

But an anonymity order bans newspapers in England and Wales naming those involved.

Three judges at the Appeal Court yesterday heard that a survey by MailOnline this week indicated one in five people already knew the name of the celebrity, who can be referred to only as PJS.

Desmond Browne, QC, for PJS, showed judges a copy of the article as evidence that a substantial number of people were still unaware of his identity and that the injunction should remain. But the argument backfired when Lord Justice Jackson interjected: ‘The point is that anyone who is interested can find out.’

The couple involved in the threesome with the celebrity approached The Sun on Sunday this year offering to tell their story. The High Court refused the man’s initial application to muzzle the press because his infidelity contradicted his public portrayal of marital commitment.

But the Court of Appeal overruled that decision after hearing that naming him would be devastating personally and could harm his children.

Gavin Millar, QC, for The Sun, said: ‘The injunction no longer serves its intended purpose. The information is no longer private.’

The gagging order has been criticised by freedom of speech campaigners with Tory MP Philip Davies calling it a farce.

The judges are expected to rule on Monday whether or not to lift the order.