Worrying orders of the court

A CASE in the magistrates court on the Isle of Wight should cause concern for reporters covering the courts.

The case, detailed here in Hold the Front Page, concerned neglect of a child, and at an earlier hearing magistrates had imposed a S39 order under the Children and Young Persons Act 1933 anonymising the child.

This has the effect of anonymising the mother of the child as well, because you cannot practically report the case in such circumstances and name the mother, because it will lead to the identification of the child.

The Isle of Wight County Press wanted to challenge the order, as it is usually accepted that very young children, in they case they were one and two, are too young to be affected by negative publicity and do not need such an order to be made. This is set out quite clearly in the Judicial College’s publication – Reporting Restrictions in the Criminal Courts – every court reporter should have a copy of it.

However, as is detailed in HTFP, the reporter in court was ‘put off’ by the clerk who said there were no new facts to warrant reconsidering the order. Note to reporters – do not be ‘put off’ insist on the court at least considering your request.

In my view what is concerning about the case though is not the court’s failure to hear the paper’s objection, but it’s reasons for imposing the order in the first place.

The magistrates placing the order were concerned that online publication mean that a very young child might be subject to adverse effects of publicity at some time in the future.

This line of reasoning is not new. I have heard it expressed now a number of times by judges and at Law Commission seminars. There is clearly a concern that the cliche of today’s newspaper being tomorrow’s chip-wrapper no longer holds true and that online archives are changing attitudes.

I expect this issue to emerge again and again in years to come and the media need to come up with a good answer, or the courts will continue to shut down their reporting.

My thanks to Rob Preece @RobPreeceOnline for pointing this case out to me.

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