Channel 4 loses gagging order in Michael Jackson film libel battle

Channel 4’s has failed to win an injunction to stop reporting of a hearing in a libel battle concerning the broadcaster being accused of faking details in a documentary on Michael Jackson's family

The broadcaster attempted to ban coverage of part of the multimillion-pound case brought against it by Michael Jackson's former bodyguard, Matt Fiddes, arguing that the legal move was not an attempt to gag the press, but was concerned that reporting could influence a jury at trial.

However, Fiddes's barrister, David Sherborne, countered that it was highly unusual and that if the order had been granted it would have set "a very dangerous precedent".

Sherborne said: "I have to say that application is a unique one in my experience ... because it involves a media organisation seeking a ban on reporting of proceedings rather than the other way around."

Fiddes participated in a Cutting Edge documentary called The Jacksons Are Coming, a fly-on-the-wall documentary on the Jacksons moving to Devon which was broadcast on Channel 4 on 27 November 2008. The former bodyguard claims elements of the programme were fabricated and that he and Tito Jackson, one of Michael's older brothers, contrived a publicity stunt pretending that the family were moving to the village in Devon, to raise Tito's profile.

About the proposed injunction, Mr Justice Tugendhat said: “In the circumstances, I am not persuaded that it is necessary for avoiding a substantial risk of prejudice that there should be a restriction on reporting in this case and so I will not make the order.”

A Channel 4 statement denying the allegations said: "This was not an attempt to gag the media in anyway. The temporary order sought was limited to the reporting of the hearing only because of concerns that previous inflammatory reporting would prejudice the fair hearing of the jury trial.”

Source: Guardian

Published on: 05/02/2010 15:03:00