A Northern Ireland law granting anonymity to people suspected of sexual assault allegations before charge, even for 25 years after they die, has been struck down after a successful challenge by the media.
It had been said by way of example that prohibiting the naming of alleged sexual offenders for up to 25 years after their death would have stopped allegations against Jimmy Savile from being aired.
Parts of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022, which came into force last year, were deemed “incompatible” with press freedom and Article 10 freedom of expression rights under the European Convention on Human Rights.
In a ruling of Belfast’s High Court on Friday, Mr Justice Humphreys said that in the passing of the law there had been “no debate around the issue of the public interest, relevant to the anonymity of suspects, nor any consideration of the need for a fair balance of rights” between freedom of expression and privacy.
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He said the potential for criminal sanction against editors and broadcasters would have a “chilling effect” on public interest journalism.
The law did not contain any public interest defence or process by which media organisations could have applied to a court to have a prohibition lifted.
The judge said: “The legislation is not in accordance with law and the Northern Ireland Assembly acted outwith the margin of appreciation afforded to it in this field.”
‘Significant victory for public interest journalism’
Two media challenges against the law were made. One was by Mediahuis, which publishes the Belfast Telegraph, Irish Independent, Sunday Independent, Sunday Life and Sunday World, alongside the Irish News.
The second was by the BBC and the publishers of The Times, The Sun, The Guardian and the Daily Mail.
The media organisations also shared fears that victims of sexual offences could face six months in prison if they publicly named their alleged abusers.
Belfast Telegraph and Sunday Life editor-in-chief Eoin Brannigan said: “This is a significant victory for public interest journalism in Northern Ireland and we’re glad to see common sense prevail.
“This law has affected our work since coming into force. But it is also an important victory for victims who can now tell their stories without fear of being criminalised.”
‘Absurd and dangerous law’ criminalised good journalism
Sam McBride, Northern Ireland editor of the Belfast Telegraph and Sunday Independent, told Press Gazette: “This was an absurd and dangerous law which should never have been anywhere near the statute book.
“It’s a textbook example of how good intentions can produce bad law, something facilitated here by a lack of scrutiny.
“Threatening to throw people in jail for six months for saying something as clear as ‘Jimmy Savile was a paedophile’ is beyond farcical, yet Stormont’s Department of Justice squandered public money defending that stance in court.
“However, the far more dangerous impact of the law was on those unknown cases which haven’t been subject to extensive investigative journalism.
“It’s only now obvious that Savile was a serial abuser because of good journalism. This law not only criminalised that journalism, but criminalised victims who dared to speak out.
“Mr Justice Humphreys has recognised and upheld the central importance of public interest investigative journalism in a democracy. Justice Minister Naomi Long should now say clearly that she will not be appealing this judgment or seeking to reinstate these provisions through new legislation.”
Society of Editors executive director Dawn Alford said: “The legislation, which set a dangerous precedent for restrictions elsewhere, was not only an affront to open justice but would have had a devastating long-term effect on the reporting of sexual abuse allegations and the willingness of victims to come forward.
“Today’s decision is not only a victory for media freedom and the survivors of sexual violence who wish to tell their stories but also for common sense. The media has a duty to investigate and report on legitimate allegations on behalf of the public and now that this law has been overturned, they will be free to continue doing so.”
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