NCTJ ESSENTIAL MEDIA LAW EXAM QUESTIONS AND
ANSWERS SURE A+
✔✔Youth Justice and Criminal Evidence Act 1999 Section 45 - ✔✔Court order
protecting anonymity of under 18s
Applies in ADULT COURTS
Must be FORMALLY MADE (announced by judge and recorded by court)
Reports of adult court must not identify a specified individual or individuals aged under
18 as being 'concerned in the proceedings'
Applies to juvenile defendants, witnesses, victims/ alleged victims or juveniles 'in
respect of whom proceedings are being taken' (e.g. truancy cases)
Can't be used to ban ID of adult but journalists may be constrained if:
-Parent charged with crime against their child
-Two siblings (one adult) accused of crime
Avoid SPANS:
-School
-Place of work
-Address
-Name
-Still or moving images
✔✔Youth Justice and Criminal Evidence Act 1999 Section 45A - ✔✔Court order
protecting anonymity of under 18s
Bans ID of juvenile in ANY court for their lifetime
Applies to juvenile witnesses or victims - not defendants
May be used if they're in fear or distress and if order will help improve evidence or
cooperation
✔✔Children and Young Person Act 1933 Section 39 - ✔✔Court order protecting
anonymity of under 18s
Similar to Section 45 orders but applies in:
-civil proceedings (e.g. county or high courts)
-inquests (witnesses)
-applications for Antisocial Behaviour Injunctions
-applications for Criminal Behaviour Orders
✔✔IPSO - Children and Anonymity - ✔✔Defines children as under 16s
Section 6: *Children
-Kids not to be photographed without permission from authorities
-Children should be free from intrusion at school (unless necessary)
-Children not to be photographed or interviewed without consent from parent or
guardian if regarding their welfare or welfare of another child
-Fame of a parent can't justify intrusion into child's life
Section 7: *Children in sex cases
-Adult may be identified
-Child must not be identified
,-'Incest' must not be used where ID may happen
-Care to be taken to ensure no report implies relationship of accused to child
Section 9: *Reporting of crime
-Particular care should be taken when reporting on under 18s if victims or witnesses
✔✔Ofcom - Children and Anonymity - ✔✔Defines children as under 15s
Section 1: Children and Young people
1.8 - Where legal restrictions apply, broadcasters should take care not to give clues,
cause jigsaw identification or use words such as 'incest' that may lead to the
identification of those who are not yet adult (definitions vary) involved in sex cases
1.9 - When covering pre-trial hearings, broadcasters should pay particular regard to the
potentially vulnerable position of those who are not yet adult
Avoid SPANS:
-School
-Place of work
-Address
-Name
-Still or moving images
Section 7: Fairness
7.4 - If contributor is under 16, permission should normally be obtained from parent or
guardian or other person aged 18 or over in loci parentis. In particular, persons under
16 should not be questioned on matters likely to be beyond their capacity to answer
properly without such consent.
✔✔Anonymity and sex cases - ✔✔Victims of rape and a wide range of other sexual
offences are given, in law, anonymity for their LIFETIME as soon as an allegation is
made.
Alleged perpetrators or defendants have NO ANONYMITY, with a few exceptions, even
if they are acquitted.
The ID ban applies in:
-criminal proceedings
-civil proceedings (you can sue over rape)
-employment tribunals
-and any circumstances (i.e. non-judicial) when someone makes an allegation
✔✔Anonymity and victims of sexual offences - Essential Acts - ✔✔Sexual Offences
(Amendment) Act 1992 - This established the general principles of anonymity
Sexual Offences Act 2000 - This established the full list of offences which are covered
Modern Slavery Act 2015 - This act added some more offences (not all of which are
sex-related)
✔✔Offences covered by the Sexual Offences Act 2000 - ✔✔Rape
Assault by other forms of penetration
Sexual assault (sexual touching)
, Sex in presence of a child (if for gratification)
Meeting or attending to meet a child after 'grooming'
Abduction with intent to marry or have sex
Inciting a woman or child to be a prostitute
Trafficking for sexual exploitation
Exposure (flashing)
Voyeurism
Administering a substance to drink (with intent to...)
✔✔Offences covered by the Modern Slavery Act 2015 - ✔✔Trafficking for sexual
exploitation, including for prostitution
Trafficking/ planning to traffic for e.g. forced labour/ slavery
✔✔Offences not covered by the Sexual Offences Act 2000 - ✔✔Consensual but illegal
activity between consenting adults (e.g. incest or sex in a public place)
(unless only one is charged in which case the other retains anonymity)
✔✔Rape - ✔✔Intercourse with a person (vaginal, oral or anal) who at the time of
intercourse doesn't consent
The perpetrator knows the person doesn't consent or is reckless as to whether they do
Only men can be rapists, but women can be guilty of related crimes (e.g. incitement)
✔✔Sexual Offences (Amendment) Act 1992 - ✔✔LIFETIME ANONYMITY Once an
allegation is made, it is illegal to include any matter likely to lead members of public to
identify the person during his/ her lifetime as the (alleged or actual) victim of that offence
Such material is likely to include SPANS:
-School
-Place of work
-Address
-Name
-Still or moving image
✔✔Anonymity and sex cases - When do restrictions apply? - ✔✔As soon as allegation
is made
Restrictions apply EVEN if:
-Complaint is withdrawn*
-Accused is acquitted
-Police know nothing about it
-Alleged perpetrator is ultimately tried for a lesser offence
*Unless a charge of false allegation arises
✔✔Anonymity and sex cases - when do restrictions cease to apply? - ✔✔Justice needs
it:
ANSWERS SURE A+
✔✔Youth Justice and Criminal Evidence Act 1999 Section 45 - ✔✔Court order
protecting anonymity of under 18s
Applies in ADULT COURTS
Must be FORMALLY MADE (announced by judge and recorded by court)
Reports of adult court must not identify a specified individual or individuals aged under
18 as being 'concerned in the proceedings'
Applies to juvenile defendants, witnesses, victims/ alleged victims or juveniles 'in
respect of whom proceedings are being taken' (e.g. truancy cases)
Can't be used to ban ID of adult but journalists may be constrained if:
-Parent charged with crime against their child
-Two siblings (one adult) accused of crime
Avoid SPANS:
-School
-Place of work
-Address
-Name
-Still or moving images
✔✔Youth Justice and Criminal Evidence Act 1999 Section 45A - ✔✔Court order
protecting anonymity of under 18s
Bans ID of juvenile in ANY court for their lifetime
Applies to juvenile witnesses or victims - not defendants
May be used if they're in fear or distress and if order will help improve evidence or
cooperation
✔✔Children and Young Person Act 1933 Section 39 - ✔✔Court order protecting
anonymity of under 18s
Similar to Section 45 orders but applies in:
-civil proceedings (e.g. county or high courts)
-inquests (witnesses)
-applications for Antisocial Behaviour Injunctions
-applications for Criminal Behaviour Orders
✔✔IPSO - Children and Anonymity - ✔✔Defines children as under 16s
Section 6: *Children
-Kids not to be photographed without permission from authorities
-Children should be free from intrusion at school (unless necessary)
-Children not to be photographed or interviewed without consent from parent or
guardian if regarding their welfare or welfare of another child
-Fame of a parent can't justify intrusion into child's life
Section 7: *Children in sex cases
-Adult may be identified
-Child must not be identified
,-'Incest' must not be used where ID may happen
-Care to be taken to ensure no report implies relationship of accused to child
Section 9: *Reporting of crime
-Particular care should be taken when reporting on under 18s if victims or witnesses
✔✔Ofcom - Children and Anonymity - ✔✔Defines children as under 15s
Section 1: Children and Young people
1.8 - Where legal restrictions apply, broadcasters should take care not to give clues,
cause jigsaw identification or use words such as 'incest' that may lead to the
identification of those who are not yet adult (definitions vary) involved in sex cases
1.9 - When covering pre-trial hearings, broadcasters should pay particular regard to the
potentially vulnerable position of those who are not yet adult
Avoid SPANS:
-School
-Place of work
-Address
-Name
-Still or moving images
Section 7: Fairness
7.4 - If contributor is under 16, permission should normally be obtained from parent or
guardian or other person aged 18 or over in loci parentis. In particular, persons under
16 should not be questioned on matters likely to be beyond their capacity to answer
properly without such consent.
✔✔Anonymity and sex cases - ✔✔Victims of rape and a wide range of other sexual
offences are given, in law, anonymity for their LIFETIME as soon as an allegation is
made.
Alleged perpetrators or defendants have NO ANONYMITY, with a few exceptions, even
if they are acquitted.
The ID ban applies in:
-criminal proceedings
-civil proceedings (you can sue over rape)
-employment tribunals
-and any circumstances (i.e. non-judicial) when someone makes an allegation
✔✔Anonymity and victims of sexual offences - Essential Acts - ✔✔Sexual Offences
(Amendment) Act 1992 - This established the general principles of anonymity
Sexual Offences Act 2000 - This established the full list of offences which are covered
Modern Slavery Act 2015 - This act added some more offences (not all of which are
sex-related)
✔✔Offences covered by the Sexual Offences Act 2000 - ✔✔Rape
Assault by other forms of penetration
Sexual assault (sexual touching)
, Sex in presence of a child (if for gratification)
Meeting or attending to meet a child after 'grooming'
Abduction with intent to marry or have sex
Inciting a woman or child to be a prostitute
Trafficking for sexual exploitation
Exposure (flashing)
Voyeurism
Administering a substance to drink (with intent to...)
✔✔Offences covered by the Modern Slavery Act 2015 - ✔✔Trafficking for sexual
exploitation, including for prostitution
Trafficking/ planning to traffic for e.g. forced labour/ slavery
✔✔Offences not covered by the Sexual Offences Act 2000 - ✔✔Consensual but illegal
activity between consenting adults (e.g. incest or sex in a public place)
(unless only one is charged in which case the other retains anonymity)
✔✔Rape - ✔✔Intercourse with a person (vaginal, oral or anal) who at the time of
intercourse doesn't consent
The perpetrator knows the person doesn't consent or is reckless as to whether they do
Only men can be rapists, but women can be guilty of related crimes (e.g. incitement)
✔✔Sexual Offences (Amendment) Act 1992 - ✔✔LIFETIME ANONYMITY Once an
allegation is made, it is illegal to include any matter likely to lead members of public to
identify the person during his/ her lifetime as the (alleged or actual) victim of that offence
Such material is likely to include SPANS:
-School
-Place of work
-Address
-Name
-Still or moving image
✔✔Anonymity and sex cases - When do restrictions apply? - ✔✔As soon as allegation
is made
Restrictions apply EVEN if:
-Complaint is withdrawn*
-Accused is acquitted
-Police know nothing about it
-Alleged perpetrator is ultimately tried for a lesser offence
*Unless a charge of false allegation arises
✔✔Anonymity and sex cases - when do restrictions cease to apply? - ✔✔Justice needs
it:
