Hot on the heels of Tony's lolsuit against the demented
Darren Duckworth, he's now got a
widow in his sights (
Archive). He's suing both for "misuse of private data", and it's clear he's going to win.
This blog details why. Although Uncle Tony's conviction for sodomising an underage twink in the late 1990's is a matter of public record (see Hayden's
main thread), the convictions are spent according to the Rehabilitation Of Offenders Act. As the blog states:
Additionally, as the Supreme Court reaffirmed in
PJS v NGN [2016] UKSC 26, the fact that information is in the public domain will not, of itself, defeat a privacy claim. Where the further publication of the information will give rise to (further) intrusion into the claimant’s privacy then this further publication may be unlawful.
The publication of information concerning a spent conviction may well give rise to further intrusion into private life. (my emphasis)
Newspapers, blogs and other publishers of the lurid details of Uncle Tony sodomising an underage twink at the time it happened are exempt from lolsuits as they were contemporaneous accounts of a real event. Uncle Tony cannot get these deleted, but he can ask the major search engines to exclude them from results so they will not appear in a search, say for "Uncle Tony sodomising an underage twink".
However, Tony has shot himself in the foot. If the accusation of sodomising an underage twink were false, he would sue for defamation, but as he is suing for misuse of private data it means that he
was guilty of sodomising an underage twink.
If I were Duckworth and Bronwyn (the widow), I'd comply and delete the tweets to avoid the drama: the details of Uncle Tony sodomising an underage twink may be in the public domain, but they cannot rely on this as a defence. I would instead reflect in the glory of forcing Uncle Tony himself to confirm that he was indeed convicted of sodomising an underage twink.
UPDATE: the widow appears to be deleting the offending tweets.
UPDATE 2: A very good friend has pointed out that as Uncle Tony sees himself as a legal authority, and a “current affairs commentator”,’ and has appeared on TV as such, then a defence for publishing the fact that he has a conviction of sodomy on an underage twink is that it is in the public interest.
The spat
continues .... /
Archive
