An Irish law that grants anonymity to those accused of sexual offences until they are charged is in conflict with human rights and freedom of the press, according to a judge. The Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 was enacted to provide anonymity for life, and for 25 years following death, to suspects who have not been charged. However, the law represents a “disproportionate interference with the article 10 rights of the applicants”, which includes media companies such as the Belfast Telegraph, Irish News, The Times, and the BBC.
During a judicial review of the legislation, it was argued that sexual assault victims could be jailed if they publicly named their suspected abusers. Furthermore, the law suggests that not only could the victims be criminalised, but suspects would also be unable to publicly refute allegations against them. The judge in charge stated that there should be a level playing field between individual privacy and freedom of expression.
Mr Justice Humphreys added that public interest journalism plays a crucial role in any democratic society. Additionally, there was a “lack of proper debate and scrutiny” around the topic, while there was a “manifestly lacking” legislative interrogation of this part of the law as it made its way through the Stormont assembly. It is worth noting that the legislation does not currently exist in any other part of the UK.
In conclusion, the judge commented that interfering with Article 10 rights necessitates the closest examination. Nevertheless, he claimed that the act’s drafting failed to strike a fair balance between competing freedoms, resulting in an unsatisfactory piece of legislation. The Belfast High Court has ruled that parts of the Sexual Offences Act are incompatible with human rights regulations, raising concerns over press freedom
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