In a nutshell, the point is that in a privacy matter, once the information has been made public, it can never ever be made private again. Therefore, the only effective remedy is to stop it becoming public. What is needed is a mechanism to get an order to stop it becoming public. That is completely doable if you know that the information is about to be published. The only gap in the law, and it is a gap in the law, is if the newspaper manages to keep secret their intention to publish the information, then out it comes and it's too late, and there's nothing more to be done. What follows from that is there should be prior notification.
One quick point on that is that Mr Dacre, in evidence to the Select Committee, said that in 99 cases out of 100, the individual has notice, because the newspaper would normally approach somebody and ask them for a comment. He may have been slightly exaggerating, but I can't believe he would not tell the truth to a Select Committee, so it's a minority of cases, but of course they're the very cases where the newspaper knows that if you did find out, you'd get an injunction. So they keep it secret, knowing that they can -- once they've published it, no one in their right mind, I say that of myself, no one in their right mind would sue, because it will cost you money, you'll get the information published all over again and you don't solve the problem because the information can't be made private.
So it's those 1 per cent that are really dangerous, but without notification, a newspaper at the moment, if they have outrageous information or pictures, if they can only publish them before the person finds out, there's no remedy, unless one says, well, £30,000, repetition and so on is a remedy, but really repetition in court is rather like suing because you have a broken leg, going to court and then they break the other leg, with absolute privilege, as well, because it just makes it worse.
Sorry, that wasn't much of a nutshell, but in a nutshell, it is the very cases where there's an egregious breach of privacy that are the ones where they don't tell you and where prior notification is essential.