By Gabriel Princewill-
Ipso has released a new guidance that provides editors and journalists with a new framework for thinking through important questions and some examples of relevant decisions by IPSO’s Complaints Committee.
The guidance highlights a number of legal protections for victims of sexual offences.The Code also imposes restrictions on the reporting of sexual offences to protect the identity of victims.It calls on journalists to carefully consider the information they wish to publish, to ensure that a victim is not identified, or likely to be identified.
The robust guidelines reflects how serious and important protecting the identity of a sexual victim is. It goes into copious lengths to accentuate various potential pitfalls of publishing information in sexual offences cases involving an under age child, that could be unlawful and lead to a breach of Ipso’s high standard code on this very important subject. It touches on many crucial areas where negligence could be consequential for a publication that fails to exercise due care when reporting cases relating to sexual offences involving victims that are underage.
RELEVANT CLAUSES
A number of clauses in the Code are relevant to the issue of reporting sexual offences. The most relevant clauses highlighted by the British press regulator is Clause 7 (Children in sex cases) and Clause 11(Victims of sexual assault) but other clauses to consider include Clause 1 (Accuracy), Clause 2 (Privacy) and Clause 6 (Children).
The comprehensive guidance sets boundaries to the way legal court cases involving sexual offences are reported by the press. It acknowledges a fundamental principle of open justice that court proceedings are reported on by the media in an open and transparent way. Usually, this would mean reporting on the details of a case as well as identifying the defendant and, often, any victim(s) of a crime. However, the guidance points out why sexual offences are exempt from the general rule.
It states the automatic life guarantee of anonymity for victims of sexual offences, including children, right from the moment they make an allegation identifying themselves as the victim of a sexual offence. That anonymity remains protected even in the event of someone else accusing the defendant of the offence. In Scotland, the law is different but the practice of respecting anonymity is the same.
Offences that fall under the sexual offences law include rape, sexual assault, exposure and taking an indecent photograph of a child. Anonymity is also extended to victims/alleged victims of female genital mutilation and, in some circumstances, of ‘human trafficking’ and modern slavery.
Anonymity remains in force for the lifetime of the victim, even where the allegation is withdrawn, the police decide to take no action, or the accused is acquitted. The exceptions to this legal protection are very limited and specific.
Clause 11 of the Code is emphatic on the mandatory requirement of adequate justification of the need to identify a victim of sexual assault, including a legal basis to depart from the provided guidelines. Clause 7 of the Code specifies identifying children under 16 who are victims or witnesses in cases involving sex offences. Publications are also forbidden from publishing anything which can imply the relationship between the accused and the victim.
A public interest exemption to this Clause, but publishers would have to demonstrate an exceptional public interest to over-ride the normally paramount interests of a child. Ultimately, the guidance code puts the duty on editors to ensure there is no information in an article published involving sexual offence, from which information can be deduced that identifies the victim.
ONLINE/NEW AUDIENCES
The well thought out set of guidelines goes on to highlight the potential problem Publishing online can pose with respect to the all important guidelines.
Online platforms allow journalists to engage with new audiences and raise awareness of issues. The press regulator points out that publishing articles about sexual offences online raises particular challenges for editors in ensuring that the victim remains unidentified.
You should carefully consider how the material you have gathered is going to be presented online to prevent the victim from being identified. This is particularly relevant to articles which may be published on social media platforms, or which may be open to reader comments.
In both situations, this may create a space in which the case is discussed, with an increased likelihood of the victim being identified. Members of the public may not be aware that they must not identify victims of sexual offences or may regard this legal requirement as unfair or trivial.
IPSO recognises that editors cannot prevent the circulation of links to stories and commentary on them hosted on third party websites. However, editors are responsible for material published on websites under their control and should think carefully before publishing these stories on social media sites or with reader comments en
CONTEMPT OF COURT
If you post a link on a social media platform to a report on active/ongoing criminal proceedings you have a legal duty to take reasonable care when doing so under the Contempt of Court Act 1980. This means editors have the responsibility of safeguarding the interest of protecting the identity of a sexual victim about whom they have reported. Social media followers must be warned not to post prejudicial comments by readers who subsequently read a story on an online platform.
The guidance for journalists and editors outlines key questions in line with the Editors’ Code and includes a number of useful case studies. It includes information on legal obligations, the rules on anonymity and avoiding jigsaw identification, and advises on language and interviewing survivors of sexual violence.
The information for survivors is designed to help people understand the rules which newspapers and magazines regulated by IPSO must follow when reporting on sexual offences. It informs them about what to expect from journalists, empowering them to speak to the media should they wish to, and to know where to go for help if they do not.
The information was developed after discussions with organisations which provide support to survivors of sexual offences and domestic violence, including Rape Crisis, Solace Women’s Aid, LimeCulture and Women’s Aid. IPSO members of staff also met with survivors of sexual offences and domestic violence, as part of the Angles project being run by On Road Media.
Charlotte Urwin, IPSO’s Head of Standards, said:
“Part of IPSO’s wider regulatory role is to provide guidance, training and engagement which leads to tangible improvements in press standards.
“We recognise the importance of supporting journalists and editors to report responsibly on sexual offences, and helping them to understand both the legal framework and requirements of the Editors’ Code.”
“The survivors we met talked about how sensitive media reporting of sexual offences helped them to speak about their own experiences and encouraged them to seek support. We wanted to help survivors who may come into contact with the media and have produced information which we hope they, and organisations who work in this area, will find useful.”
Nathalie McDermott, CEO at On Road Media, said:
“This guidance has come at such an important time for survivors who are speaking out in greater numbers since the #MeToo movement started. Most of them are doing so without support, without knowing their rights or how journalists work, or how to share their expertise and experiences on their own terms.”
“We also know the difference sensitive reporting can make to survivors reading an article about abuse, and we welcome this support for journalists who are covering these sensitive issues in an increasingly time pressured work environment.”