Victims of rape and other serious sexual crimes are entitled to lifelong anonymity under the Sexual Offences (Amendment) Act 1992. It is sometimes suggested that defendants in sex cases should enjoy similar protection until they are convicted at trial. However in a novel twist, a judge recently went one step further and ordered the anonymisation of a convicted rapist in order to protect the identity of his victim. Continue reading
The International Forum for Responsible Media Blog
Tag: Anonymity (Page 5 of 5)
The judgment in MXB v East Sussex Hospitals NHS Trust ([2012] EWHC 3279 (QB)) raises the short but important point that orders made under section 39 of the Children and Young Persons Act 1933 (“the CYPA”), which prohibit the reporting of proceedings in a manner likely to lead to the identification of a child or young person concerned in them, may not extend to online reporting. Continue reading
Andy Smith, a senior security official at the Cabinet Office, caused quite a stir at the Parliament and Internet Conference last month, when he suggested that people should use false names and provide false information on the internet – and in particular, when using social networking sites. Reaction was explosive in both directions. Continue reading
The recent decision of the Court of Session in Scotland in RAH v MH ([2012] CSOH 126) is unusual for two reasons. First, it follows a proof (trial) in a defamation action; a rare beast in the Scottish courts. Second, parties’ names in the judgment are anonymised. Continue reading
The story of teacher Jeremy Forrest and his cross-channel flit with a 15 year old pupil Megan Stammers has put the teaching profession firmly into the headlines. But potentially taking teachers out of the headlines is the Education Act 2011 which, when it came into force on Monday 1 October, provided that teachers accused of a criminal offence against their pupils be automatically entitled to anonymity. Continue reading
On 27 September 2012 the Ministry of Justice Published its second statistical report on privacy injunctions, covering the 6 month period January to June 2012. It is noted that, during this period, there were 9 new applications for interim privacy injunctions and 9 applications to continue existing injunctions. There were 4 cases in which the High Court considered whether or not to issue permanent privacy injunctions and no privacy injunction appeals. Two of the cases involved the media although there appears to have been only one classic “media privacy injunction” application (which was unsuccessful on the return date). Continue reading
On 27 September 2012 the Supreme Court of Canada released its decision A.B. v. Bragg Communications (2012 SCC 46) a case which deals with the balance between the open courts principle, privacy, and the rights of children. The Court permitted a teenager to proceed anonymously in her application to find out the identity of her alleged cyberbullies. The Court did, however, deny her application for a broader publication ban. Continue reading
In a judgment handed down on Monday 30 July 2012 (JIH v NGN and other cases [2012] EWHC 2179 (QB)) Mr Justice Tugendhat noted that seven privacy injunctions granted against News Group Newspapers in 2010 and 2011 had been discharged by consent. In each case, the anonymity of the claimant was retained. Agreements to discharge the injunctions had been prompted by Case Management letter from the court. Continue reading
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