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Child Care Act 1991
Prohibition on publication or broadcast of certain matters.
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 F273[, IVA (as amended by the Child Care (Amendment) Act 2011)] or VI F274[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, F275[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,
F276[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.]
F277[(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) F278[…]
F279[(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:
F273
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 17(a), S.I. No. 637 of 2017.
F274
Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 9(a), S.I. No. 5 of 2014.
F275
Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 9(b), S.I. No. 5 of 2014.
F276
Substituted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 9(b), S.I. No. 5 of 2014. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.
F277
Inserted (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 9(c), S.I. No. 5 of 2014.
F278
Repealed (11.01.2014) by Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 2(3), S.I. No. 334 of 2014.
F279
Inserted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 17(b), S.I. No. 637 of 2017.
F280
Substituted by Family Courts Act 2024 (48/2024), s. 80(t), not commenced as of date of revision.
Modifications (not altering text):
C71
Prospective affecting provision: section applied with modifications by Mental Health Act 2026 (11/2026), s. 60(1), (2)(a), (2)(j), not commenced as of date of revision.
60. (1) Sections 21, 22, 24, 24A, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 35A to 35Q, 37 and 47 of the Act of 1991 shall, subject to the modifications specified in subsection (2), apply to proceedings under this Part as they apply to proceedings to which those sections apply.
(2) The modifications referred to in subsection (1) are as follows:
(a) references in a section specified in that subsection to proceedings or an order under Part III, IV, IVA, IVB, V, VA or VI of the Act of 1991 shall be construed as references to proceedings or an order under this Part;
…
(j) any other necessary modifications.
…
C72
Prospective affecting provision: subs. (5A) amended by Family Courts Act 2024 (48/2024), s. 80(t), not commenced as of date of revision.
F279[(5A) In this section, where the proceedings are proceedings under Part IVA (as amended by the Child Care (Amendment) Act 2011), "court" means the F280[Family High Court].]