Earlier this week, a leading media lawyer told The Media Blog it was "only a matter of time" before the courts attempt to make an example of superinjunction-busters on Twitter, adding it will likely be "sooner rather than later".
Then yesterday that time arrived as the courts ruled that a professional footballer and his legal representation should be able to pursue individuals who have breached the terms of his privacy injunction by revealing his name online.
"Action absolutely can be taken against Twitter users who leak the details of a superinjunction," says Steve Kuncewicz, intellectual property and media solicitor at Gateley LLP, whose prediction earlier this week proved so timely. "But a claimant will need to do a fair amount of work to find out who's really behind their misfortune if the account is anonymous."
That puts the ball squarely in Twitter's court - unless injunction-busters start turning themselves in. The social networking company will need to decide whether it wants to stand its ground and protect its users' identities or whether it wants to risk a major public backlash by handing over users to the authorities.
If it doesn't play ball Kuncewicz says "Twitter could also be sued for damages". However, "the chances of that happening are low", he says, not least because the UK courts have limited powers when it comes to action against companies and individuals outside the EU.
"Claimants have the option of obtaining a "Motley Fool" order to force a third party such as Twitter or an ISP to reveal the actual identity of whoever is behind a post," said Kuncewicz. "If the details can be obtained then taking action against the person responsible for both breach of privacy and contempt of court is a very viable option."
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