| Commentary

234 Prior restraint

| Commentary

234 Prior restraint

Article 10 of the European Convention of Human Rights does not prohibit prior restraint, but the ECHR has stated that ‘the dangers inherent in prior restraint are such that they call for the most careful scrutiny’1.

This is particularly so because the ECHR accepts that news is a ‘perishable commodity’ and to delay its publication, even for a short time, may well deprive it of all its value and interest.

Prior restraint is of particular relevance in cases concerning the disclosure of confidential information. In Observer and Guardian v United Kingdom2, the government had obtained interlocutory injunctions restraining two

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