Judges and the media need a sense of balance

Journalists don't like gagging orders. So it was natural enough that they should feel less than delighted when one of their colleagues dared to obtain one to prevent coverage of a dalliance.

Many journalists were upset when one of their trade's highest-profile practitioners, Andrew Marr, secured a super-injunction. It seemed especially absurd since virtually the entire legion of the media and political elite knew the details.

The result during the past three years has been nudges and winks, in print, online and on air - notably in Private Eye and on Have I Got News For You - that were calculated to embarrass Marr. They would have baffled the public because, in the main, there were no firm clues to his identity.

What then suddenly changed Marr's mind to out himself? One obvious factor was the discovery that his extra-marital affair had not resulted in his fathering his mistress's child. But that came to light months ago.

Reading between the lines of Marr's statement, I think embarrassment played a key part. Aware of the rising editorial and political anger about the use of super-injunctions, he felt obliged to come clean. He could not stand being regarded as a hypocrite.

He clearly shares the general view in newsrooms across the country that journalists, of all people, should not favour legal prohibitions on the freedom of the press.

That key phrase of his - "I did not come into journalism to go around gagging journalists" - says much about his desire to recant.

But I stand four-square with Marr on two other points he made: there was no legitimate public interest in revealing his affair, including the identity of the other woman and the child he thought was his.

And, most importantly, what is required in this whole business is a sense of proportion, from judges and the press. Lifelong, global gags are way over the top. On the other hand, editors need to ask themselves if appealing to public prurience is a genuine press freedom issue.

Roy Greenslade is Professor of Journalism, City University London