David Walliams has been named as the celebrity facing allegations of sexual misconduct, after he failed in a legal bid to prevent the claims from being published. The 55-year-old TV star brought legal action against Independent Television News (ITN), which produces news programmes for ITV, Channel 4, Good Morning Britain and Channel 5, and Guardian News and Media (GNM), publisher of The Guardian.
Injunction dismissed over freedom of expression
In a ruling on November 3, Mr Justice Nicklin dismissed Walliams's application for an injunction, saying it would be an "exceptionally serious interference" with freedom of expression. The judge said the star could take the case to the Court of Appeal, but Walliams had until 4.30pm on Monday (November 9) to do so and missed the deadline.
Walliams could not be named until ITN or Guardian News and Media decided to identify him in connection with the allegations. Lawyers for the media organisations previously told the High Court in London that the claims they want to report involve the man's alleged "abuse of power and status" to contact young women and try to engage in "inappropriate and exploitative sexual activities".
Suicide risk considered in judgment
Walliams, who denies the allegations, sought the injunction because of a risk that he would take his own life, after two previous suicide attempts. Mr Justice Nicklin said Walliams has repeatedly said he intends to take his own life if the allegations are published, and that this must be taken seriously. However, he added that these statements do not "establish that suicide is inevitable".
In the 52-page judgment, Mr Justice Nicklin also said that granting the injunction would not treat his psychiatric condition or eliminate his elevated risk. The judge continued: "The evidence does not identify a point at which publication would become safe merely through the passage of time. The relief sought would therefore be of uncertain and potentially indefinite duration."
He added that hospitals and health staff caring for the man, who is detained under the Mental Health Act, meant the state had "assumed responsibility" for his immediate safety and "can provide significant protection", which "materially reduces the likelihood of suicide".
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