Legalities of naming people when still innocent?

[Luci07]

Genuine question. There is a spate of people being named "helping police with their enquiries" (just look further down this news section). So under English law, you are innocent until proven guilty. I can think of 2 clear examples where the media have gone public (landlord in the Bristol murder case and of course Lord McAlpine) and then subsequently have been proven to be innocent.

What are the legal implications of this? In the case of April Jones, the police undoubtedly had a wealth of evidence but it wasn't them who named the suspect. It was the media. I am not comfortable with people under suspicion being publicly named as think the stigma seems to stick even when they have been cleared.. but with the legal eagles on here. What are the ramifications? or do the media not care as the odd case against them is weighed against the papers selling? or is it that so much of the media publishes that it becomes impossible to stop them?

 

[Alec Swan]

I'm not too sure that the naming of those who haven't been charged, can be stopped. With an order from a Judge, names can't be released in newspapers, but with by the agencies of twitter and facebook, it's inevitable. It happened a year or two back when a man was charged with the murder of a toddler, his stepson. There was a blanket ban ordered and placed upon the media, but within hours, I received two texts.

Where we find the line between freedom of speech, and the damage that it can cause, I don't know. The problem is that no one is held to account for their actions, it seems to me.

Alec.

 

[Dry Rot]

Once a case has gone to court (but before e decision has been reached), then it's a different matter. Remember the juror who discussed the case in public? She was banged up pretty quick! There is also defamation, but that is a remedy only available to the rich. Not because the person defamed gets huge damages (usually, they don't) but because the party that loses has to pay the legal fees and they CAN be huge.

I am a fierce believer in the freedom of the press, but freedom must be exercised responsibly.

 

[Luci07]

But legally (and putting the horrendous costs aside for a moment) if a newspaper publishes an article naming x as a suspect in a case, BEFORE it goes to court - Can they do this? or could that named person sue them for defamation when proven innocent as we do know that mud sticks in the main part?

 

[Sleighfarer]

The media are entitled to report arrests and charges, which are a matter of public record. They are not allowed to prejudice proceedings, however, and in the Bristol case a couple of newspapers were fined for their coverage.

McAlpine outed himself by releasing a statement. No media outlet came anywhere near naming him, but the public were more than happy to based on Internet rumours.

ETA Media outlets spend a lot of time worrying about the legalities of stories and employ teams of lawyers to ensure they are on the right side of the law.