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Right to discuss a case???

  • 09-08-2015 6:35pm
    #1
    TheNoShow
    Registered Users, Registered Users 2 Posts: 24 ✭


    If a person wins a case to have the right to have their name kept out of the media (press + websites), on the basis of age, in relation to a crime they have been convicted of does it apply to everyone? I mean can a private citizen openly discuss the topic as long as it's not in a media outlet? Or is it a case that nobody anywhere can make mention of it again without being in contempt of the court order?


Comments

  • #2
    Hollister11
    Closed Accounts Posts: 5,482 ✭✭✭Hollister11


    TheNoShow wrote: »
    If a person wins a case to have the right to have their name kept out of the media (press + websites), on the basis of age, in relation to a crime they have been convicted of does it apply to everyone? I mean can a private citizen openly discuss the topic as long as it's not in a media outlet? Or is it a case that nobody anywhere can make mention of it again without being in contempt of the court order?

    AFAIK, unless there is a court injunction or said person is a minor, their name is allowed to be published.


  • #3
    TheNoShow
    Registered Users, Registered Users 2 Posts: 24 ✭TheNoShow


    Hollister11 wrote: »
    AFAIK, unless there is a court injunction or said person is a minor, their name is allowed to be published.

    The person was a minor.

    I'm asking if the court order applies to media outlets only. Are people free to discuss it?


  • #4
    Gatling
    Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    TheNoShow wrote: »
    The person was a minor.

    I'm asking if the court order applies to media outlets only. Are people free to discuss it?

    Not on forums or Facebook going by threads previously locked on here outside the legal forums based off no mentioned of under age persons
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  • #5
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    TheNoShow wrote: »
    The person was a minor.

    I'm asking if the court order applies to media outlets only. Are people free to discuss it?
    Depends on the terms of the court order. But I think it would be very surprising if a court made a supression order directed to, basically, everyone in the world. Constititutional questions about the freedom of speech aside, how would such an order be served on all those affected by it? And how would it be policed and enforced?

    So, the fact that media outlets, etc, have been restrained from discussing a case does not prevent you from discussing it, as long as you don't do so in a forum to which the order applies, e.g. posting to a discussion group, if the order specifies discussion groups.


  • #6
    conorh91
    Registered Users, Registered Users 2 Posts: 3,328 ✭✭✭conorh91


    TheNoShow wrote: »
    If a person wins a case to have the right to have their name kept out of the media (press + websites), on the basis of age, in relation to a crime they have been convicted of does it apply to everyone? I mean can a private citizen openly discuss the topic as long as it's not in a media outlet? Or is it a case that nobody anywhere can make mention of it again without being in contempt of the court order?
    Ss. 51 & 93 of the Children Act 2001 only refer to broadcast and publication (interpretations for which are to be found in s.51(6) of the Act).

    These provisions do not prohibit ordinary discussion of a case, e.g. among friends.

    That's just the statutory minimum protection, though. The relevant Court has the authority to impose additional restrictions, breach of which may be contempt of court.


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