For information I have been advised (thank you to those who did so) the
following is an extract from the Young Persons Act 1933:-
See Section 39 of the 1933 Act:
Power to prohibit publication of certain matter in newspapers 39.--(1) In
relation to any proceedings in any court ... the court may direct that
(a) no newspaper report of the proceedings shall reveal the name, address,
or school, or include any particulars calculated to lead to the
identification of any child or young person concerned in the proceedings,
either as being the person by or against or in respect of whom the
proceedings are taken, or as being a witness therein:
(b) no picture shall be published in any newspaper as being or including a
picture of any child or young person so concerned in the proceedings as
aforesaid;
except insofar as it may be permitted by the direction of the court (2) Any
person who publishes any matter in contravention of any such direction shall
on summary conviction be liable in respect of each offence to a fine not
exceeding level 5 on the standard scale.
I am not aware, and have not researched if any changes to the 1933 Act may
have happened since those caused by the Youth Justice and Criminal Evidence
Act 1999, and being busy on other things see no reason to research that area
at this time.
When considering high profile matters in the press recently it could well be
that some pressure has been exerted on the ICO's office for advice to be
published on photographs of children, certainly there have been many
coincidences over the last few days. If the timing of the guidance release
was accidental, then it appears poorly researched, if it was rushed out due
to pressure exerted, I would think that the error is more an indication of
an externally generated deadline coupled with the workloads the ICO's office
are under leading to a breakdown of quality controls.
Of course I am aware all of the last paragraph is speculative comment, with
judiciously applied mediated amendments, and it is certainly evidentially
unsound, so I would not wish it to be considered DP based or even as an
indication of a free educated guess. ;-)
I guess Friday was late last week.
Ian W
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