Analysis: There's no legislating for the internet, I'm afraid

A SUCCESSFUL member of the UK's senior judiciary requires shrewdness to understand raw politics. Lord Neuberger's rise from commercial judge to Master of the Rolls has been rapid. His report on super-injunctions shows why. It also demonstrates the limits to regulation.

Injunctions against the media are fashionable. Chelsea footballer John Terry got one last year to cover an affair; Trafigura another to cover unlawful waste dumping; RBS's Fred Goodwin has just had one lifted on his private life. Imogen Thomas remains frustrated to the point of tears by her inability to tell us about the married footballer she dated.

The media is up in arms; politicians are not far behind. Prime Minister David Cameron wonders whether Parliament should legislate.

Meanwhile, there is a parallel universe in which you can find out exactly who Ms Thomas's beau was. Just ask the usual search engines or sign up to the appropriate Twitter feeds.

Lord Neuberger performs a sensible balancing act. Judges should heed the principle of open justice; grant injunctions only when strictly necessary; keep them under review and prevent abuse.

The media should be careful about using tame Parliamentarians to get around restrictions.

Lord Neuberger suggests that, tantalisingly, the media might be able to watch the court granting injunctions against them though be unable to report what happens.

The report has two deficiencies. Neither of them are its author's fault. First, politicians should perhaps legislate rather than leave judges to get the right balance between free expression and privacy. Mr Cameron is far too shrewd to enter the mire of conflicting interests that this would require. Expect the establishment of another committee, at best.

Better to leave it to the judges and complain about how they do it.

Secondly, the internet represents an electronic jungle impervious to regulation.

Lord Neuberger has probably said enough to take the immediate heat out of the hysteria. Yet Parliament should have the courage to say what balance it thinks is right between freedom of expression and privacy.

Alas, it is impossible to see how it could even begin to grapple with the issues raised by the internet. That could only be done on a global basis. Lord Neuberger cannot change that.

• Roger Smith is a director of the human rights organisation JUSTICE