Court Reporting Restrictions In Family Courts
“Court reporting restrictions in the family courts are both protective and problematic."
Critically discuss this statement.
At present, there is turmoil in the family courts as far as the issue of publicity and the press in private family law proceedings is concerned as there is a significant supposition to consult the constitutional guidelines when such cases result in intervention by the family court. Reporting restrictions alongside contempt of court severely limit what the media can publish about most family law cases, in order to protect those involved, particularly children, who in most instances must not be identified. This composition will critically analyse the need for these restrictions and their nature as they have frequently
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There are an array of provisions excessively limiting what can and cannot be published. Therefore, reporting on family cases is problematic due to these strict laws, including: The Children Act, the Administration of Justice Act and The Family Procedure Rules 2010, the latter of which excludes the public from cases involving children, but permit journalists to attend some proceedings.
Media coverage of family law cases under section 97 makes it an offence to publish a name, address or any detail identifying their school alongside any other material likely to lead to their identification. Accordingly, section 97 provides automatic anonymity to children in unresolved residence or contact disputes, and children subject to intervention by social workers. A breach of section 97 is punishable by a fine of up to £2,500. Regardless, it could be debated that this fine is not enough to deter the media from reporting information as the profit may outweigh the
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