Part 18Miscellaneous
Publishing restrictions
182Publishing 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—
“protected information” means—
- a
information in relation to—
- i
a children’s hearing,
- ii
an appeal against a decision of a children’s hearing,
- iii
proceedings before the sheriff under Part 10 or 15, or
- iv
an appeal from any decision of the sheriff or sheriff principal made under this Act, or
- i
- 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,
- a
“publish” includes in particular—
- a
to publish matter in a programme service, as defined by section 201 of the Broadcasting Act 1990 (c.42), and
- b
to cause matter to be published.
- a