Court reporting restrictions

Why are there reporting restrictions in place?

To protect the fairness of trials, and the identities of vulnerable parties. Breaching them can lead to contempt of court.

What are the automatic restrictions that apply without the need of a court order?

1. Section 49: Children and young person’s act 1933

2. Sexual offences act 1992

3. Contempt of court act 1981

What is Section 49 of the children and young persons act 1933?

It applies in youth courts and gives automatic anonymity to under 18’s involved in proceedings (victim, witness, defendant) Journalists cannot publish anything that might identify the child such as name, school, address, a photo, even nicknames. It ends when the child turns 18 unless lifted earlier. Applies to under 18 in youth court.

What is the Sexual offences act 1992?

It gives lifelong anonymity to alleged victims of sexual offences. Applies from the moment an allegation is made, regardless of prosecution. Cannot publish name, address, photo, school/workplace, or other identifying details. Applies to victims of sexual offences.

What is the contempt of court act 1981?

Once a case becomes active (arrest, charge, warrant issued) reporters must avoid prejudicial material (e.g. prior convictions, speculation, interviews with witnesses) 

What are the court imposed discretionary restrictions?

1. Section 45: Youth justice and criminal evidence act 1999

2. Section 46: Youth justice and criminal evidence act 1999

3. Section 4 (2): Contempt of court act 1981

4. Section 11: Contempt of court act 1981

What is Section 45: Youth justice and criminal evidence act 1999?

It gives the reporter discretion to apply anonymity to under 18s in adult courts. Can cover victims, witnesses or defendants. Lasts until the child turns 18. Applies to under 18s in adult court.

What is Section 46: Youth justice and criminal evidence act 1999?

It allows anonymity for adult witnesses who would suffer fear or distress from being identified. Does not apply to defendants, made only by the court not automatic. Applies to vulnerable adult witnesses. 

What is Section 4 (2): Contempt of court act 1981?

A postponement order: delays reporting certain details to avoid prejudicing linked or ongoing trials. Typically, in multi-defendant or high-profile cases. Applies to any case (by court order)

What is Section 11: Contempt of court act 1981?

It allows courts to ban publication of a name or other info (e.g. identity of blackmail victims or undercover officers) Must be necessary for justice. Applies to any person (by court order)

Explain the fair, accurate and contemporaneous reporting defence.

Journalists are protected from contempt if they follow the fair, accurate and contemporaneous rule. Fair- balanced, not biased toward prosecution or defence, Accurate- reflects what was said or happened, Contemporaneous- published promptly. If you meet these conditions you will be legally protected and it applies to public court proceedings.