Media Law lecture -- Reporting on Children and Young Persons
Missed questions for this/last week. Did you get them? Post in comments, please!
- Who is a child?
- 17 and below (in civil court and criminal court)
- First interaction will be in the youth court.
- Age 10 is age of mental capacity for committing a crime. Under 10s cannot be convicted of crimes.
- The law: 10/17/18
- Under 10s cannot be convicted.
- Will be in youth court under 17.
- Can be published about over 18.
- Industry regulations:
- Those at school
- Those in school have a right to be left alone by the media.
- Under 16
- Can't interview about anything.
- 16 and 17
- Hard news -- care should be taken, parental permission sought before interview
- Soft news, celebrity news, etc. -- probably less necessary.
Children in the criminal courts
- Prior to proceedings
- Ofcom and PCC — care has to be taken if identifying child under 18.
- Youth Court
- §47 Children and Young Persons Act 1933
- Public barred from proceedings, but journalists not.
- No identification of any child involved with proceedings. Breeching is a criminal offense.
- §49
- When can be lifted
- To avoid an injustice to the child
- Child has been given an opportunity to contest the disclosure
Crown Court
- Serious cases will be transferred — i.e., murder
- §39 Children and Young Persons Act 1933 -- discretionary order banning publication of name, address, school, etc.
- Judges will ordinarily apply.
- Identification doesn't mean just not naming — also means not giving sufficient detail so that not to identify that person.
- Can be lifted
- Children "concerned in the proceedings"
- "Salt poisoning" case — child involved in the proceedings but not concerned.
- Although child might be affected by the fact father/mother/etc. is involved, should not hinder open justice.
- I.e., party to the proceedings — not merely related.
- Those who turn 18
- §39 automatically lifted when child turns 18.
- Dead children
- §39 can't be applied.
- Young babies
- Less reason to impose §39 than for someone who can read.
Children as victims of sexual offenses
- Shouldn't be identified -- Sexual Offences Amendment Act 1966
- Jigsaw identification — don't give sufficient details.
- Never identify it as incest as that inherently points to a family member.
- Adult may be identified so long as relationship between victim and defendant not identified.
- "a serious sexual offense" used in place of "incest".
Industry regulations
- Interviewing those under 16 — consent needed
- At school — the right to be left alone
- Children of celebrities
- Should not be reported unless there's some justification other than the parent is famous or parent has taken child to, say, a premiere.
- Murray v Big Pictures
- Children as viewers
- The watershed
- Not glamorising drugs, crime