A celebrity protected by a UK privacy injunction that prevents the media reporting on his extramarital activities has been named in America.
The identity of the man, who is well-known and has children with his partner, also in the entertainment business, has been revealed in a US publication.
The Sun on Sunday had wanted to publish an account of the man’s “sexual exploits” with others – but senior judges barred the tabloid from revealing the man’s “extramarital activities”.
In the ruling, which was reported last month, Lord Justice Jackson said both the man, referred to as PJS, and his spouse, YMA, disputed that “publication of the story would serve any public interest”.
The judge said publishing the story would be “devastating” for the man and would “generate a media storm” – saying the couple’s children would become the subject of increased press attention.
In the appeal court ruling, Lord Justice Jackson revealed that the man had appealed after a High Court judge ruled in favour of the newspaper.
Lord Justice Jackson said he and Lady Justice King had decided to allow his appeal after balancing the man’s human right to respect for family life and the newspaper’s right to free expression.
“The facts” were outlined in a six-paragraph section of the ruling.
Lord Justice Jackson and Lady Justice King said the man had met someone – referred to only as “AB” – about eight years ago.
“There is a conflict of evidence as to whether they met through a mutual friend or on Facebook,” said Lord Justice Jackson.
“The (man) and AB had occasional sexual encounters starting in 2009.
“AB already had a partner, CD.
“In a text message exchange on 15 December 2011, the claimant asked if CD was ‘up for a three-way’.
“AB said that CD was.
“Accordingly, the three met for a three-way sexual encounter which they duly carried out.
“After that encounter, the sexual relationship between the claimant and AB came to an end, but they remained friends.”
Lord Justice Jackson said a few months ago AB and CD had approached the editor of The Sun on Sunday.
The Sun on Sunday had argued that publication of the story would contribute to on-going debate.
They also said the man and YMA had put “many details of their relationship” into the public domain.
Lord Justice Jackson said both the man and YMA had disputed that “publication of the story would serve any public interest”.
“They maintained that they had not courted publicity about their private life. They said that the various press articles about them were substantially true. They had been in a relationship for many years. The relationship was an open one.
“YMA accepted that from time to time the claimant had sexual encounters with others. The relationship between the claimant and YMA was one of commitment. They provided a loving home for their children.”
Lord Justice Jackson said he concluded that the human rights balance fell against the newspaper.
Former Liberal Democrat MP John Hemming, who named footballer Ryan Giggs as the subject of an injunction by using parliamentary privilege in 2011, said the orders were unfair as they were only available to the rich and famous, who could gag the media with the application of “large sums of money”.
“I just don’t think that is a reasonable use of state power,” he said.
He added that once an injunction had been breached abroad, “it just becomes a complete nonsense”.