Page 179 - Law and the Media

Law and the Media
An individual can apply to court for an order under Section 11 to protect himself or another
interested party (R v Somerset Health Authority ex parte S (1996)).

An order under Section 11 should be in writing and should state its precise scope, the time
at which it shall cease to have effect, and the specific purpose of making the order. There
must be a clear ruling expressed as a formal order before the media can be held in contempt
for disobeying it (A-G v Leveller Magazine Ltd (1979)). Courts must normally give notice to
the media that an order has been made, and court staff should be prepared to answer any
queries about the order (Practice Note: (Contempt of Court: Reports of Proceedings:
Postponement Orders (1983))).

9.5 Restrictions on the publication of information
relating to children

The court has a general power to restrict publication of information relating to children.
Although children do not have any special right of confidentiality (R v Independent
Television (1994)), the court will prevent publication in order to protect the administration of
justice. There are also numerous statutes designed to prevent the identification of children
and young people in court proceedings.

9.5.1 Section 39 of the Children and Young Persons Act 1933

Section 39 of the Children and Young Persons Act 1933 states:

(1) In relation to any proceedings in any court . . . the court may direct that . . .
(a) no newspaper report of the proceedings shall reveal the name, address, or
school, or include any particulars calculated to lead to the identification of
any child or young person concerned in the proceedings, either as being
the person by or against or in respect of whom the proceedings are taken,
or as being a witness therein;
(b) no picture shall be published in any newspaper as being or including a
picture of any child or young person so concerned in the proceedings as
aforesaid;

except in so far (if at all) as may be permitted by the direction of the court.

Orders restricting publication of information identifying children under Section 39 are
discretionary. There is no guidance in Section 39 as to when it will be appropriate for the
court to exercise its discretion to make an order.

Section 39 is applicable to any proceedings in any court, and a Section 39 order may be made
in respect of any child who is a claimant, defendant or witness in proceedings. However, such
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