The War On News

A record of government actions against journalism and fact-based reporting, from the first press laws to today

Incident

United Kingdom court bars The Sunday Times from publishing an article on thalidomide

United KingdomRSF 2026 rank: 18th of 180

Engraving of an empty press briefing room with a lectern and rows of chairs

On November 17, 1972, the Divisional Court of the Queen's Bench Division, part of England's High Court, granted the Attorney General's request for an injunction stopping The Sunday Times from publishing an article about the drug thalidomide, on the ground that it would amount to contempt of court. The European Court of Human Rights ruled on April 26, 1979, by eleven votes to nine, that the injunction breached Article 10 of the European Convention on Human Rights, the treaty provision protecting freedom of expression.1

What happened

Thalidomide, a sedative marketed in Britain in the early 1960s, caused severe birth defects in children whose mothers took it during pregnancy. Families of affected children sued the manufacturer, Distillers Company, and a settlement was still being negotiated a decade later. The Sunday Times prepared an article examining how Distillers had tested and marketed the drug. The Attorney General for England and Wales, the government's chief legal officer, applied to stop publication, arguing the article would prejudge issues still before the courts. On November 17, 1972, the Divisional Court of the Queen's Bench Division granted an injunction restraining Times Newspapers Ltd. from publishing the article on the ground that it would constitute contempt of court. The Court of Appeal discharged the injunction on February 16, 1973, but the House of Lords, then the United Kingdom's highest court, restored it in modified form after a further appeal. The injunction was discharged on June 23, 1976, and The Sunday Times published the article four days later. The newspaper's publisher brought the case to the European Court of Human Rights, which ruled on April 26, 1979, by eleven votes to nine, that the injunction had breached Article 10 of the European Convention on Human Rights.123456

What reason was given

Stated justification

The House of Lords directed that Times Newspapers Ltd. be restrained from publishing any article or matter which prejudges the issues of negligence, breach of contract or breach of duty in the pending thalidomide litigation.2

What changed for reporting

The Sunday Times was barred from publishing its article on the thalidomide litigation from November 1972 until the injunction was discharged on June 23, 1976; the newspaper published the article four days later.36

Timeline

1972

17 November 1972
United Kingdom court bars The Sunday Times from publishing an article on thalidomide

Who acted

NameRole in this incidentOffice at the time
Attorney General for England and WalesenforcedChief legal officer of the government of England and Wales

Outlets and journalists

NameKindRelation
The Sunday Timesoutletaffected

Sources

  1. Case of The Sunday Times v. The United Kingdom (Application no. 6538/74)European Court of Human Rights, 1979-04-26, primary. Source record
  2. Thalidomide Children, House of Commons debate, 29 November 1972Hansard, UK Parliament, 1972-11-29, primary. Source record

Claims and evidence

Each numbered claim quotes the source it rests on.

  1. On November 17, 1972, the Divisional Court of the Queen's Bench Division granted the Attorney General's application for an injunction restraining The Sunday Times from publishing its article, on the ground that publication would constitute contempt of court.On 17 November 1972, the Divisional Court of the Queen’s Bench Division granted the AttorneyGeneral’s application for an injunction restraining publication of this future article on the ground that it would constitute contempt of courtCase of The Sunday Times v. The United Kingdom (Application no. 6538/74), European Court of Human Rights, 1979-04-26.Claim 815, checked 2026-09-26.
  2. The House of Lords directed that Times Newspapers Ltd. be restrained from publishing any article or matter which prejudges the issues of negligence, breach of contract or breach of duty in the pending litigation against Distillers.restrained from publishing, or causing or authorising or procuring to be published or printed, any article or matter which prejudges the issues of negligence, breach of contract or breach of dutyCase of The Sunday Times v. The United Kingdom (Application no. 6538/74), European Court of Human Rights, 1979-04-26.Claim 816, checked 2026-09-26.
  3. Four days after the injunction against Times Newspapers Ltd. was discharged on June 23, 1976, The Sunday Times published the article it had been prevented from printing since 1972.Four days later, the contentious article was published.Case of The Sunday Times v. The United Kingdom (Application no. 6538/74), European Court of Human Rights, 1979-04-26.Claim 817, checked 2026-09-26.
  4. The injunction against Times Newspapers Ltd. was discharged on June 23, 1976, after which the delayed article was published.the injunction against Times Newspapers Ltd. was discharged on 23 June 1976Case of The Sunday Times v. The United Kingdom (Application no. 6538/74), European Court of Human Rights, 1979-04-26.Claim 818, checked 2026-09-26.
  5. The European Court of Human Rights held by eleven votes to nine that there had been a breach of Article 10 of the European Convention on Human Rights.holds by eleven votes to nine that there has been a breach of Article 10Case of The Sunday Times v. The United Kingdom (Application no. 6538/74), European Court of Human Rights, 1979-04-26.Claim 819, checked 2026-09-26.
  6. Jack Ashley, the Member of Parliament for Stoke-on-Trent South, told the House of Commons on November 29, 1972, that The Sunday Times had run a series of articles on thalidomide that he called brave and brilliant.a series of articles in The Sunday Times which was both brave and brilliantThalidomide Children, House of Commons debate, 29 November 1972, Hansard, UK Parliament, 1972-11-29.Claim 820, checked 2026-09-26.