Tag Archives: baby p

Independent.co.uk: Online ‘made a mockery of High Court’ in Baby P case

“The rules which should have prevented online publication are governed by an outdated piece of legislation enacted at a time when Parliament could not have comprehended what a website might be, never mind know how one might work in the context of the criminal law,” writes the Independent’s law editor, Robert Verkaik.

Verkaik is referring to the transgression of reporting restrictions, which banned the identification of Baby P’s mother and stepdad, by bloggers, online forum users and Facebook groups. The restrictions were officially lifted this week.

“There then appears to be a double standard at work, where the law is incapable of punishing flagrant breaches of court orders by internet transgressors while imposing draconian sentences on the mainstream media for committing much less serious breaches. The internet was born into a lawless cyberspace and has little respect for the fusty orders of the High Court.”

Full article at this link…

Scottish Sun: Naming Baby P’s mum and step-dad

The Scottish Sun is claiming it will name the mum and step-dad of Baby P at midnight (BST) tonight) as a reporting ban on identifying the pair expires at 11:59pm.

The article goes on to describe how their names were made available online:

“Vigilantes managed to get around the identity ban in the early weeks of their conviction by naming them on websites (…) But Scotland Yard’s e-crime unit worked with internet service providers to remove most of the content from cyberspace.”

The conditions of the reporting ban aside it’s an interesting series of events – banned, leaked, removed, reported in the ‘traditional’ press – a cycle under increasing pressure from the online world.

Full story at this link…

Mark Pack: Legal question raised (and published) on Telegraph story

An eagle-eyed spot from Mark Pack, head of innovations for the Liberal Democrats. It looks like the Telegraph team were sharing the editorial process a bit too much here. Probably the capitalised question to the newspaper’s legal team isn’t one that should have made it onto a Baby P story on the Telegraph’s site… Full story at this link.

(via Press Review Blog)

Reporting restrictions: who can access them?

As reported on the main site, and as I commented previously on this blog, reporting restrictions which – if broken – would contravene the British Contempt of Court Act, seem increasingly irrelevant.

My own experiences in trying to access the reporting restrictions are perhaps a case in point. Since posting the earlier blog item on the Baby P case, we have had comments posted to this blog which we immediately suspected would contravene the reporting restrictions.

I decided to ring the Old Bailey to find out what they were. Firstly, being put through to the press room by error led to a bizarre encounter with someone (a maverick journalist?) who, extremely rudely, told me ‘you don’t pay’ so ‘why should I send you them to you’, suggesting that I put £50 in an envelope to access them.

His identity remains a mystery (he told me he had forgotten his name before hanging up). I then called the correct department who asked me to send my request by fax. After another couple of stages in which I had to confirm my status as a journalist, I finally accessed the material.

Now I know, for certain, that many of the blog comments we deleted could have seen us prosecuted under the Contempt of Court Act 1981, had we published them. The restrictions themselves forbid me to go into anymore detail than that.

The point here is that bloggers who write about Baby P have no way of accessing the reporting restrictions and therefore no way of knowing whether comments are libellous in breach of the Contempt of Court Act, or not.

When I asked the executive director of the Society of Editors, Bob Satchwell, about educating the general public about Contempt of Court he did not consider it a priority, suggesting that any policing of the internet was something of a lost cause.

But, nevertheless, before (that’s if they do) reforms come in, we have a tricky predicament. Surely, as an intermediary measure there’s a need for anonymised reporting restrictions which would explain to bloggers, social network users and citizen journalists why they can’t print certain details.

After all, journalists – on the whole – understand the need for protection of fair trials. Isn’t it time to explain things better to untrained online publishers?

Naming Baby P is not about giving into a Facebook campaign

Naming Baby P and his mother is not about giving into a hysterical Facebook campaign group; this is about confronting the reality of the online age.

I can’t link to it here, because it would be breaching reporting restrictions, but I know Baby P’s name, the baby’s mother’s name and the name of her partner.

So does anyone with even a little bit of Google cache savvy about them: it’s on a BBC report from 2007. Google cache preserves a page even if, as the BBC has done, original articles have been removed.

As the Independent reported, Facebook groups have published the details, despite the court order not to.

My argument is not about revealing the names for justice, it is about having a law which can actually be enforced.

If it had been reported abroad, on non-UK websites, they would be not be held accountable under the UK Contempt of Court legislation. Court orders, such as the one in this case protecting the names of the defendants, are simply not feasible in the web age.

I believe that whatever ensures fair trials without prejudice, protects the innocent people involved in the case (other people connected or in the family, for example) is necessary, and if keeping the names secret does that, then that should be done: I certainly won’t be joining any Facebook group to force their disclosure.

But it should be done in such a way where they really are secret, which has not happened in this case:

Jason Owen’s name is known; the mother’s name has also been previously published and is reachable with a quick search; the baby’s photograph is in the press.

One of the Facebook groups has a description reading: ‘For sum [sic] reason the press have seen it fit not to reveal the sick people who killed this poor helpless child.’

The press has not chosen to keep quiet (they certainly would print the names if they could); they are bound by law not to. But what happens when the wider community who have not been taught about reporting restrictions and contempt of court choose to publish, using blogs and social network sites?

I imagine that most people in that community, and wider geography, knows who the family are. Last night’s BBC Panorama showed that the research team were able to access things the mother wrote on social networking sites.

Yet the names cannot be disclosed by the British press without contravening the Contempt of Court Act. This means that disclosures are made through people who aren’t necessarily so concerned about, or even think about, media ethics or face any kind of editorial process.

As I reported in September, Bob Satchwell from the Society of Editors believes the legislation is out of date and redundant, as do many others.

Orders, such as those under section 11 of the Contempt of Court Act 1981, for example, allow a court to ban publication of specific information, in addition to statutory reporting restrictions. But how on earth to enforce this in an online world?

This is starkly proven in the case of Baby P.

It’s time to readdress our laws, as Satchwell has urged the Attorney General, and make trials really fair.

Postscript: I’ve just found Martin Belam’s blog post, which makes a similar point, and also focuses on the ‘sheer scale of useage of the internet’ in the UK as compared to 2000 when Victoria Climbié case was reported, for example.