Paragraph 4 Civil injunctionsI1

This paragraph applies if the Secretary of State considers that a person has committed, or is likely to commit, an offence under section 78 or 79.

The Secretary of State may bring proceedings for an injunction (and in those proceedings may apply for an interim injunction) against any person appearing to the Secretary of State to be concerned, or likely to be concerned, with the offence.

In proceedings under this paragraph, the court may grant an injunction (or interim injunction) on such terms as it thinks fit to secure against offending under section 78 or 79.

Before granting an injunction, the court must have regard to all the interests involved and, in particular, the public interest.

The power in sub-paragraph (6) is exercisable if the court—

and is so exercisable for the purpose of eliminating any continuing effect of the communication that gave rise to the offence.

The court may require the person to publish, in such form and manner and to such extent as the court thinks appropriate—

The court may grant an injunction under this paragraph even where there is no evidence of proof of actual loss or damage or of intention or negligence on the part of the person against whom the proceedings are brought.

The Secretary of State must publish details of—

In this paragraph—

• “the court” means—

  1. (a)

     the county court or the High Court, in England and Wales, or

  2. (b)

     a sheriff or the Court of Session, in Scotland;

• “injunction” is to be read, in the application of this paragraph in Scotland, as “interdict”.