anonymity

Question 1

what act bans publication of details surrounding victims of sexual offences?

Answer 1

sexual offences act 1992

Question 2

what does the sexual offences act 1992 protect?

Answer 2

-bans publication of any detail or images which could identify a victim

Question 3

how long does anonymity last under the act?

Answer 3

anonymity is automatic and lasts life long, applies from the time allegation is made even if the allegation is withdrawn

Question 4

what is the punishment for a breach?

Answer 4

unlimited fine

Question 5

what is a relevant case study?

Answer 5

Adam johnson a footballer has been jailed for six years for grooming and sexual activity with a child. the telegraph was fined 80,000 pounds for posting a modified photo of the victim taken from her Facebook page- which could led to her being identified

Question 6

what does section 1 of there 1992 act state?

Answer 6

section 1 of the 1992 act states that after an allegation is made no matter relating to the victim should be published in the persons life time if it likely to lead to identification.

Question 7

what does the modern slavery act amended the 1992 act protect?

Answer 7

-the modern slavery act gives life long anonymity to victims of human trafficking for exploitation

Question 8

what is the key act to protect fgm victims?

Answer 8

Offence under the Female Genital Mutilation Act 2003 to publish anything likely to lead to an FGM victim being identified in their lifetime.
-unlikely to be able to reveal information about a defendant because it normally is done by a parent/relative
-very few successful prosecutions

Question 9

when would sexual offences act 1992 be lifted?

Answer 9

-if consent is given
-consent must be in writing and the person concerned must be aged 16+
parents cannot give consent for those under 16

Question 10

what are the exceptions to automatic anonymity?

Answer 10

when a claimant is later found out to be distruthful about their claim but there would still be a decision around if it would be ethical to name her, for perjury, wasting police time.

Question 11

what is a relevant case study of perjury?

Answer 11

Jemma Beale was jailed for 10 years for prejury after making false accusations of rape and sexual assault, resulting in a man being jailed for 10 years. The sun successfully appealed against a judges decision for her to remain anonymous

Question 12

what are some ethical considerations Ofcom states?

Answer 12

Under section 1 of Ofcom, the code covers the protection of children involved in sex offence cases. breach of this 1992 act would breach this rule
-particularly careful not to provide clues
- care should be taken to avoid jigsaw identification

Question 13

what is a section 11 order?

Answer 13

under the contempt of court act 1981, courts have the power to ban indefinitely the publication of a name or matter connected to a case if it thought necessary. e.g national security case
but sometimes this order is misused and reporters appeal against them.

Question 14

when type of ban could a high court order?

Answer 14

an injunction banning a person from being identified in the news report,

Question 15

when would longer anonymity apply?

Answer 15

The High Court has occasionally made orders providing lifetime anonymity for convicted defendants and others, This typically means they have been given a new identity and the injunction means nothing can be published about their new identity, current photos, details of whereabouts.