Anonymity for victims and alleged victims
of sexual offences, human trafficking,
female genital mutilation and forced
marriage offences
All victims of a sexual offence are given lifetime
anonymity in media reporting, this also applies to those of
human trafficking, genital mutilation and forced marriage.
The wide application of anonymity
Anonymity is well-defined, that even publishing a
photograph of a house which homed human trafficking
victims, is illegal as it may allow potential identification.
- In 2016, the Telegraph was fined £80,000 after it
published a photo identifying a teenage victim of a sexual offence in a news report regarding
a man who groomed and sexually abused a 15-year-old girl. The picture was identifiable, as it
came from an uncropped Facebook photograph - which was later found by readers. They had
to pay the victim £10,000 despite having attempted to editing the image to protect the girl.
Furthermore, if a victim of a sexual offence sues their attacker, their anonymity remains in place.
Anonymity is also in place for individuals who were victims of attempted sexual offences - ie, a
woman who was a rape target.
Jigsaw identification
This is identification caused by the combination of multiple published reports regarding the same
case. For example, a newspaper reporting a rape trial describing the victim as a “mother of three” who
lives and works locally, whilst another platform refers to her as a nurse, and another a woman in her
30s who works night shifts. The combination of such information can enable identification.
Prosecutors alleging that media organisations have breached anonymity need to prove which
particular information was likely to identify a victim, despite whether it actually did so.
- In 2017, Thomas Sinclair who works for Pembrokeshire Herald was convicted of breaching
the 1992 act when he published the nickname of the defendant, his age, occupation and
labelled his familial links to the victim. Although the victim was not identified, it could make
it likely. The individual who wrote the article was found to gave not had any training, support
or supervision whilst writing the report. Sinclair (who was the editor) was fined £1500 and
said that he would ensure suitable training in the future.
When the person can be identified
A victim can deny anonymity under the condition that they are over the age of 16 and have provided
written consent to be identified; however, journalist may not publish this information as in the media
regulators’ code of conduct, the anonymity remains valid.
A publisher could be sued under privacy law
53
, Victims granted anonymity by UK statute who are nevertheless identified
by the press can successfully sue the publisher in civil law for damages
and the breaching of their privacy. This may also occur even if they do
not have statutory anonymity - because the case occurred abroad.
Postings by readers which breach anonymity
Any media organisations who allow a comment identifying a victim to
remain on their platform can be charged for liability if found to not be
monitoring their report. If they saw the comment and then deleted it or
disabled it, they would avoid legal trouble.
Lifelong anonymity for victims/ alleged victims of sexual and human
trafficking offences
Section 1 of the sexual offences act of 1992 states that after an allegation
of sexual or human trafficking offences is made:
- No information regarding the victim should ever be published in their lifetime if it is likely to
enable their identification as a victim.
Such information forbidden is:
1. Their name
2. Their address
3. The identity of their school or other educational establishment
4. The identity of the place they work
5. Any images of them
Section 6 defines publication as speech, writing, relevant programming or any form of communication
addressed to the public.
Anonymity is not granted to those who
commit in incense, as it is considered
as being consensual. Furthermore,
anonymity is not granted to those who
engage in bestiality or public sexual
acts.
If there has been nonconsensual abuse
within a family, then the adult
defendant cannot be named, as it would
enable the identification of the victim
to be made through association.
Anonymity under the 1992 act allows
for victims to maintain privacy despite
whether the offence occurred abroad -
however, this is protected by the
Domestic Abuse Act of 2021 rather
than the Sexual Offences Act of 2003 -
this is as the sexual offences act only
applied to children and not adults.
54
of sexual offences, human trafficking,
female genital mutilation and forced
marriage offences
All victims of a sexual offence are given lifetime
anonymity in media reporting, this also applies to those of
human trafficking, genital mutilation and forced marriage.
The wide application of anonymity
Anonymity is well-defined, that even publishing a
photograph of a house which homed human trafficking
victims, is illegal as it may allow potential identification.
- In 2016, the Telegraph was fined £80,000 after it
published a photo identifying a teenage victim of a sexual offence in a news report regarding
a man who groomed and sexually abused a 15-year-old girl. The picture was identifiable, as it
came from an uncropped Facebook photograph - which was later found by readers. They had
to pay the victim £10,000 despite having attempted to editing the image to protect the girl.
Furthermore, if a victim of a sexual offence sues their attacker, their anonymity remains in place.
Anonymity is also in place for individuals who were victims of attempted sexual offences - ie, a
woman who was a rape target.
Jigsaw identification
This is identification caused by the combination of multiple published reports regarding the same
case. For example, a newspaper reporting a rape trial describing the victim as a “mother of three” who
lives and works locally, whilst another platform refers to her as a nurse, and another a woman in her
30s who works night shifts. The combination of such information can enable identification.
Prosecutors alleging that media organisations have breached anonymity need to prove which
particular information was likely to identify a victim, despite whether it actually did so.
- In 2017, Thomas Sinclair who works for Pembrokeshire Herald was convicted of breaching
the 1992 act when he published the nickname of the defendant, his age, occupation and
labelled his familial links to the victim. Although the victim was not identified, it could make
it likely. The individual who wrote the article was found to gave not had any training, support
or supervision whilst writing the report. Sinclair (who was the editor) was fined £1500 and
said that he would ensure suitable training in the future.
When the person can be identified
A victim can deny anonymity under the condition that they are over the age of 16 and have provided
written consent to be identified; however, journalist may not publish this information as in the media
regulators’ code of conduct, the anonymity remains valid.
A publisher could be sued under privacy law
53
, Victims granted anonymity by UK statute who are nevertheless identified
by the press can successfully sue the publisher in civil law for damages
and the breaching of their privacy. This may also occur even if they do
not have statutory anonymity - because the case occurred abroad.
Postings by readers which breach anonymity
Any media organisations who allow a comment identifying a victim to
remain on their platform can be charged for liability if found to not be
monitoring their report. If they saw the comment and then deleted it or
disabled it, they would avoid legal trouble.
Lifelong anonymity for victims/ alleged victims of sexual and human
trafficking offences
Section 1 of the sexual offences act of 1992 states that after an allegation
of sexual or human trafficking offences is made:
- No information regarding the victim should ever be published in their lifetime if it is likely to
enable their identification as a victim.
Such information forbidden is:
1. Their name
2. Their address
3. The identity of their school or other educational establishment
4. The identity of the place they work
5. Any images of them
Section 6 defines publication as speech, writing, relevant programming or any form of communication
addressed to the public.
Anonymity is not granted to those who
commit in incense, as it is considered
as being consensual. Furthermore,
anonymity is not granted to those who
engage in bestiality or public sexual
acts.
If there has been nonconsensual abuse
within a family, then the adult
defendant cannot be named, as it would
enable the identification of the victim
to be made through association.
Anonymity under the 1992 act allows
for victims to maintain privacy despite
whether the offence occurred abroad -
however, this is protected by the
Domestic Abuse Act of 2021 rather
than the Sexual Offences Act of 2003 -
this is as the sexual offences act only
applied to children and not adults.
54
