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  • Control of the press – but I'm confused…
  • scotroutes
    Full Member

    http://www.bbc.co.uk/news/uk-25738425

    A senior family judge says he cannot stop the foreign media from publishing the story of a Slovakian mother whose son has been placed into care.

    Sir James Munby said the identity of the 12-year-old boy, who has a British father and has always lived in the UK, should be protected.

    He said his order restricted what could be published in print and broadcast media that use the English language.

    But he had no power to “control” foreign newspapers or broadcasters.

    Sir James said the case had become “extremely sensitive” and a “focus of attention” in Slovakia where a media and social media campaign had been started.

    He said the boy’s mother had a “compelling claim” to be allowed to “tell her story to the world,” but the boy should not be identified to protect his welfare.

    Sir James – who is President of the Family Division of the High Court and the most senior family judge in the jurisdiction of England and Wales – said in his ruling: “The mother can publish whatever she wants in the foreign print or broadcast media or, so long as it is not in the English language, on the internet.

    “The only restriction on the mother’s freedom to publish her story is that she must not do so in the English print or broadcast media or, using the English language on the internet, in such a way as to identify (the boy).”AFAIK, English courts have no jurisdiction over the use of the “English” language outwith England and Wales.

    ninfan
    Free Member

    IIRC, there are various agreements on the reciprocal recognition of children act and certain other orders between jurisdictions

    scotroutes
    Full Member

    But say a Slovak newspaper had an English Language version?

    ninfan
    Free Member

    I would read it as meaning that if she did an interview with them including information that could identify the child it would have to be under the agreement it wasn’t published in the papers English edition, otherwise she would be answerable to the E&W court that is dealing with the protection of the child, which could punish her for contempt when she came back here for a hearing.

    edit: Whereas the court wouldn’t appear to have power to control what the paper published of its own accord from information available in the public domain.

    I suppose this does lead to a lacuna where one paper publishes it in one language, and its now in the public domain, meaning that could then gets reported in an english edition of another newspaper…

    poly
    Free Member

    A little research will find a better explanation:

    High Court judge ‘powerless’ to stop Slovak mother talking to foreign media about her child in care

    In essence – his order restricted what could be published in the “English” print and broadcast media. He has clarified that:

    “The only restriction on the mother’s freedom to publish her story is that she must not do so in the English print or broadcast media or, using the English language on the internet, in such a way as to identify (the boy).”

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