Lord Black of Brentwood had urged the government 'to think again' over reporting restrictions, but the Education Act was given Royal Assent this week
Credit: alancleaver_2000 on Flickr. Some rights reserved.The Education Act 2011, given Royal Assent this week, will see restrictions placed on the reporting of allegations made against teachers, despite calls from industry figures for the government to "think again" on the legislation.
Under Clause 13 of the Act it is now stipulated that "no matter relating to the person is to be included in any publication if it is likely to lead members of the public to identify the person as the teacher who is the subject of the allegation".
According to the Act the reporting restrictions will only not apply in strict circumstances, including once offence proceedings "have been instituted" - the individual has been charged with a criminal offence - or if the issue is raised in a publication by the subject of the offence or someone else with written consent from the teacher in question, although the law states that "written consent is to be ignored … if it is proved that any person interfered unreasonably with the peace or comfort of the person giving the consent, with intent to obtain it."
Restrictions will also "cease to apply" if the Education Secretary "publishes information about the person who is the subject of the allegation in connection with an investigation or decision under section 141B relating to the same allegation", or if this form of information is published by the General Teaching Council for Wales "under Schedule 2 to the Teaching and Higher Education Act 1998".
The legislation also states that applications can be made for lifting of the restrictions in certain circumstances, if the court "is satisfied that it is in the interests of justice to do so, having regard to the welfare of … the person who is the subject of the allegation, and … the victim of the offence to which the allegation relates."
During its passage through parliament this part of the Act was criticised by members of the industry, including Lord Black of Brentwood, executive director of the Telegraph Media Group, who told the House of his fears of "serious repercussions for freedom of expression and the rights of children".
He urged the government "to think again" and to make amendments such as the inclusion of a public interest defence.
According to the Act those accused of breaching the restrictions would have a defence if they could prove they are "not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question" or that "the allegation in question had been made".
In October the Newspaper Society (NS) outlined the implications for the press based on the bill, which it referred to in its report as "an unprecedented attack on free speech"
"It would also be impossible lawfully to report – and publicly discuss – evidence, factual findings or judgements describing such allegations and forming part of the public proceedings in the civil courts, or employment tribunals, or inquiries," the NS said.
"Nor could other official investigations and their findings publish such material themselves or reports of their work include such matters."
In a statement today Santha Rasaiah, director of the Political, Editorial and Regulatory Affairs department at the NS, said that while some amendments had been made to the bill news outlets "must assess the impact of this dangerous precedent upon their ability to identify, investigate and report allegations of criminal wrongdoing against school children by their teachers and monitor its effect when it comes into force, as a review of its operation in practice may be necessary."
"We also have to be vigilant against any calls for extension of the concept of the 'protected professional' or renewal of calls for bans on pre-charge identification of anyone."
Free daily newsletter
If you like our news and feature articles, you can sign up to receive our free daily (Mon-Fri) email newsletter (mobile friendly).
