Can a newspaper name me? Reporting restrictions
Usually yes once you are charged: adult defendants have no general anonymity. Before charge police rarely name suspects and privacy is generally expected. Children in the youth court are anonymous until 18; adult courts may order it. Sexual offence complainants are anonymous for life.
Open justice
Courts sit in public and the media can usually report cases, including a defendant's name, age and address and the charges. Adult defendants have no general right to anonymity, whatever the offence.
Before charge
- Police should only name people they arrest in exceptional circumstances (College of Policing guidance). Names are normally released on charge.
- A person under criminal investigation generally has a reasonable expectation of privacy before charge (Bloomberg LP v ZXC [2022] UKSC 5). Naming a suspect can lead to a civil claim for misuse of private information, depending on the facts.
- A teacher accused of an offence against a pupil at their school cannot be identified until charged (Education Act 2002 s.141F).
Once the case is active
From arrest, a warrant, a summons or charge, the case is "active" and the strict liability rule applies (Contempt of Court Act 1981 s.2 and Sch 1). Publishing anything that creates a substantial risk of serious prejudice, such as previous convictions or claims of guilt, can be contempt. This applies to anyone posting online.
Children and young people
- Youth court: a child concerned in the case, as defendant or witness, cannot be identified while under 18. That covers name, address, school, workplace and pictures (Children and Young Persons Act 1933 s.49). The court can lift this to avoid injustice, to find a child unlawfully at large for a serious offence, or in the public interest after conviction.
- Adult courts (magistrates' or Crown Court): there is no automatic anonymity. The court may order it under the Youth Justice and Criminal Evidence Act 1999 s.45 until the child turns 18, and can lift it in the interests of justice or the public interest.
- Child victims and witnesses (not defendants) can be given lifelong anonymity under s.45A where fear or distress would affect their evidence.
- Protection for a child defendant generally ends at 18.
Sexual offences
- Complainants have automatic lifelong anonymity from the moment an allegation is made (Sexual Offences (Amendment) Act 1992 s.1). Nothing likely to identify them may be published.
- Defendants in sexual cases are not anonymous, although the media may leave out details, such as a family relationship, that would identify the complainant.
Social media
These laws apply to posts, shares and comments, not just newspapers. Naming a sexual offence complainant or posting prejudicial material about an active case can lead to prosecution or contempt proceedings.
Getting advice
A solicitor can check whether a restriction applies.
Authorities: Contempt of Court Act 1981 s.2 and Sch 1; Bloomberg LP v ZXC [2022] UKSC 5; College of Policing APP, Media relations (arrests, charges and judicial outcomes); Education Act 2002 s.141F; Children and Young Persons Act 1933 s.49; Youth Justice and Criminal Evidence Act 1999 ss.45, 45A; Sexual Offences (Amendment) Act 1992 s.1