Important legal changes have come into effect today which cover the reporting of sexual offences in Northern Ireland
The most significant changes for BBC content are:
Anonymity of suspects: Where an allegation of a sexual offence in Northern Ireland is reported to the police or where the police investigate an allegation, the suspect now has a legal right of anonymity for their lifetime and for 25 years following their death. Breach of this right is a criminal offence.
The right to anonymity applies to past allegations and investigations, though our current advice is that previously published content online does not need to be taken down. The statutory anonymity protection is lifted if the suspect is charged. Subject to certain safeguards, the suspect can also waive their right to anonymity in writing.
Extended right of anonymity for victims: Alleged victims of sexual offences in Northern Ireland have automatic anonymity for their lifetime and now also for 25 years following their death. Again, breach of this right is a criminal offence.
The new law presents significant challenges when investigating and reporting allegations of sexual offences in Northern Ireland, even against those who are deceased. There are also risks where we touch again on allegations which are already in the public domain (on any outlet) due to the possibility of jigsaw identification.
Further information about these, and other changes, has been issued by Department of Justice. However you should contact the Duty Lawyer at [email protected] or your usual advisor in Programme Legal Advice if you need specific pre-publication advice.