Page 184 - Law and the Media

Reporting Restrictions
A member of the media will have a defence to a charge of breaching Section 44 if the young
person is not the accused or a witness to an offence under Section 1 of the Sexual Offences
(Amendment) Act 1992 and if he can show that the restrictions imposed a substantial and
unreasonable restriction on reporting the offence or he held the written consent of the young
person or his guardian at the time of publication. A member of the media will have a defence
to a charge of breaching Section 44 or 45 if he can show that he did not suspect or have
reason to suspect that a criminal investigation had begun or that his report contained material
that would breach any restriction.

Section 46 of the Youth Justice Act will allow criminal courts, on application by any party
to the proceedings, to prohibit media reports that will identify an adult witness by:

Name
Address
Identification of any educational establishment attended by the witness
Identification of the place of work of the witness, or
Any still or moving picture of the witness.

The prohibition will last during the person’s lifetime. The prohibition is discretionary, and
will be granted where the court believes the quality of the evidence or level of co-operation
by the witness is likely to be improved by a grant of anonymity. When exercising the
discretion, the court must take into account the following:

The nature and circumstances of the offence
The age of the witness
The social and cultural background and ethnic origins of the witness, the domestic
and employment circumstances of the witness and any religious beliefs or political
opinions of the witness if the court considers it to be relevant
Any behaviour towards the witness by the accused, the family or associates of the
accused, or any other person who is likely to be an accused or a witness in the
proceedings
The views expressed by the witness, and
The public interest in avoiding unreasonable restrictions on the reporting of
proceedings.

Cases involving indecency or immorality
The public may be excluded when children give evidence in any proceedings in relation to
an offence involving conduct contrary to decency or morality (Section 37 of the Children and
Young Persons Act 1933). However, Section 37 expressly confers on the media the right to
remain in court. Reporting restrictions may still be imposed in such circumstances under
Section 39 of the Children and Young Persons Act 1933 or, in the future, Section 45 of the
Youth Justice Act.
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