Part 18Miscellaneous

Publishing restrictions

I1182Publishing restrictions

1

A person must not publish protected information if the publication of the information is intended, or is likely, to identify—

a

a child mentioned in the protected information, or

b

an address or school as being that of such a child.

2

A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

3

It is a defence for a person (“P”) charged with a contravention of subsection (1) to show that P did not know or have reason to suspect that the publication of the protected information was likely to identify a child mentioned in the protected information, or, as the case may be, an address or school of such a child.

4

In relation to proceedings before a children's hearing, the Scottish Ministers may in the interests of justice—

a

dispense with the prohibition in subsection (1), or

b

relax it to such extent as they consider appropriate.

5

In relation to proceedings before the sheriff under Part 10 or 15, the sheriff may in the interests of justice—

a

dispense with the prohibition in subsection (1), or

b

relax it to such extent as the sheriff considers appropriate.

6

In relation to proceedings in an appeal to the Court of Session under this Act, the Court may in the interests of justice—

a

dispense with the prohibition in subsection (1), or

b

relax it to such extent as the Court considers appropriate.

7

The prohibition in subsection (1) does not apply in relation to the publication by or on behalf of a local authority or an adoption agency of information about a child for the purposes of making arrangements in relation to the child under this Act or the Adoption and Children (Scotland) Act 2007 (asp 4).

8

In subsection (7), “adoption agency” has the meaning given by the Adoption and Children (Scotland) Act 2007.

9

In this section—

  • F1“children’s hearing” includes a pre-hearing panel,

  • “protected information” means—

    1. a

      information in relation to—

      1. i

        a children's hearing,

      2. ii

        an appeal against a decision of a children's hearing,

      3. iii

        proceedings before the sheriff under Part 10 or 15, or

      4. iv

        an appeal from any decision of the sheriff or sheriff principal made under this Act, or

    2. b

      information given to the Principal Reporter in respect of a child in reliance on, or satisfaction of, a provision of this Act or any other enactment,

  • “publish” includes in particular—

    1. a

      to publish matter in a programme service, as defined by section 201 of the Broadcasting Act 1990 (c.42), and

    2. b

      to cause matter to be published.