The Edi ' - The Leveson Inquiry

For Distribution to CPs
A magazine picture of a toddler in a pushchair in a public street famous -- and Clause 9, which covers innocent relatives. But the
was acceptable as it was an innocuous Image, devoid of personal PCC said the Code should not shield young people from publicity
details other than a forename Donald v Hat#> magazine. Ret~or~ about their criminal or anti-social behaviou[ It also ruled that the
b2 2000
father was central to the story as it was his car that was used. So
there was no breach of Clause 9. :~ou~e.,~ arid son
Scottish 5;un
Court repels: The PCC has ruled that tne privacy of children is an
area where the Code’s constraints may be tighter than those
t~eL~or~ 76 2002J.
imposed by law. It upheld a complaint from a woman wnose
evidence in open court mentioning the mental health problems of ~IE~ ~ ~.j~ ~.<
her schoolboy son were reported in the local newspaper, if~ wrJrn~n ~*.enewa ~ Sut}~v f.A~:.~ R:ebor~ 76 200l
;~cc o-o ;Jk
incest, but not name tl~e defendant or name the defendant but
omit the exact nature of the offence
Until the formula was harmonised uneer the Code ane
adopted by broadcast medta organisafions -- there was a risk that
both approaches were usee, equally vaIidty, with the result that
when two accounts were reae together the victim could be
identified.
The Code effectively removee the choice by opting for the
The panel
co!our code
approach largely taken by the regional press, which meant the
defendant was named -- and, if guilty, shamed -- but 811
~ Wna[me
Code says
references to incest were omitted, which meant victims ware not
~{ Key
identified questions
tt is vital to the working of the arrangement that nothing is said
editors neee
toask
in the report which might imply the fatuity relationship between lhernselves
the defendant and the child victim,
when Code
issues arise
While this clause is used principally to protect victims, it applies
equally to young defendants. In 1996, the Commission warned
!{~-Breflngs
o~ specific
that reports in a number of newspapers about a 15-year-old boy areas where
accused of sexual assault had, without naming him, given theCode
applles
sufficient details to identify him in breach of the Code.
Exceptional public interest: As always in cases affecting
children, the public interest would need to be exceptional to justify
identification, However, there are instances where the names of
children who have been involved in sex cases, or are technical
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