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La questione sembra piu' complessa di quanto sembra, qui

Under the Human Rights Act 1998, article 8.1 required public authorities, including the court, to respect private and family life. Mr Marteen did not need to ask for an anonymity order to prevent the court itself from infringing his article 8 rights.

If the court considered that, by publishing its judgment in the usual form, it would itself act unlawfully under section 6 of the Act, it would not issue orders to other people but would ensure that it acted lawfully by taking appropriate steps of its own. Here the courts had gone further: they also made anonymity orders addressed to other people: in effect, to the press.


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