Media law week 3 - Sexual offences

What is the sexual amendment act 1992?

• As soon as an allegation is made, victim is entitled to automatic, lifelong anonymity 

• No  material that could lead to identification can be published

• Victims over 16 can waive their anonymity in writing but must not have had their peace and comfort disrupted 

What is jigsaw id?

when someone protected by reporting restrictions is identified because different media outlets publish separate details that, when combined, reveal their identity or when a single report includes enough detail to do so.

What does Clause 11 of the IPSO code say about sexual offences? 

“The press must not identify victims of sexual assault or publish material likely to contribute to such identification unless there is adequate justification and they are legally free to do so.”

What does Clause 7 of the IPSO code say about children in sex cases?  

bans identifying under-16s involved in sex cases and requires avoiding any details or language that could reveal their relationship to the accused including the word ‘incest’ 

What is rule 1.8 of the Ofcom broadcasting code?

“Be particularly careful not to provide clues” which may lead to the identification of children
when by law they should have anonymity “as a victim, witness, defendant or other perpetrator
in the case of sexual offences featured in criminal, civil or family court proceedings”.

also warns against jigsaw identification and that inadvertent use of the term ‘incest’
may identify such a child.

When can the restrictions be lifted?

the victim (over 16) gives written consent, the court finds it necessary for fair or full reporting (public interest), the defence needs it to find witnesses, or the victim is charged with making a false allegation.

What are the restrictions in human trafficking cases?

lifelong anonymity under the Sexual Offences (Amendment) Act 1992, as updated by the Modern Slavery Act 2015, it doesn’t need to be sexual

What are the restrictions in FGM cases? 

the FGM Act 2003 bans identifying FGM victims, with the same anonymity rules and lifting conditions as sexual offence cases.

What are the reporting restrictions of forced marriages?

Schedule 6A of the Anti-Social Behaviour, Crime and Policing Act 2014 gives victims or alleged victims of forced marriage automatic lifelong anonymity.

What does the IPSO code and Ofcom say about reporting restrictions of forced marriages, human trafficking and FGM?

While media codes don’t specifically say anything about trafficking, forced marriage, or FGM victims, breaching their legal anonymity would still be ruled a privacy violation.