Child Care Act 1991

Prohibition on publication or broadcast of certain matters.

31

31. (1) No matter likely to lead members of the public to identify a child who is or has been the subject of proceedings under Part III, IV F218 [ , IVA (as amended by the Child Care (Amendment) Act 2011) ] or VI F219 [ shall be published or broadcast. ]

(2) Without prejudice to subsection (1), the court may, in any case if satisfied that it is appropriate to do so in the interests of the child, by order dispense with the prohibitions of that subsection in relation to him to such extent as may be specified in the order.

(3) If any matter is published or broadcast in contravention of subsection (1), each of the following persons, namely—

( a) in the case of publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

( b) in the case of any other publication, the person who publishes it, and

( c) in the case of a broadcast, F220 [ any person ] who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

F221 [ shall be guilty of an offence and shall be liable

(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

(ii) on conviction on indictment, to a fine not exceeding 50,000 or to imprisonment for a term not exceeding 3 years or both. ]

F222 [ (3A) (a) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(b) Where the affairs of a body corporate are managed by its members, paragraph (a) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. ]

(4) Nothing in this section shall affect the law as to contempt of court.

(5) F223 [ ]

F224 [ (5A) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), court means the High Court. ]

Annotations:

Amendments:

F218

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 17(a), S.I. No. 637 of 2017.

F219

Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 9(a), S.I. No. 5 of 2014.

F220

Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2003), s. 9(b), S.I. No. 5 of 2014.

F221

Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2003), s. 9(b), S.I. No. 5 of 2014.

F222

Inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013i (32/2003), s. 9(c), S.I. No. 5 of 2014.

F223

Repealed (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 2(3), S.I. No. 334 of 2014.

F224

Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 17(b), S.I. No. 637 of 2017.