Publishing restrictions12
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 paragraph (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 paragraph (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
The prohibition in paragraph (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 the 2011 Act or the Adoption and Children (Scotland) Act 200720.
5
In paragraph (4), “adoption agency” has the meaning given by the Adoption and Children (Scotland) Act 2007.
6
In this article—
“protected information” means—
- a
information in relation to—
- i
a children’s hearing or a pre-hearing panel;
- ii
an appeal against a decision of a children’s hearing or a determination of a pre‑hearing panel;
- iii
proceedings before the sheriff under Part 10 or 15 of the 2011 Act; or
- iv
an appeal from any decision of the sheriff or sheriff principal made under the 2011 Act; and
- i
- b
information given to the Principal Reporter in respect of a child in reliance on, or satisfaction of, a provision of the 2011 Act or any other enactment; and
- a
“publish” includes in particular—
- a
to publish matter in a programme service, as defined by section 201 of the Broadcasting Act 199021; and
- b
to cause matter to be published.
- a