Tanya Roberts & Sarah Jane Boon ask whether the media’s gain will be at the expense of the privacy of the individual?
The Family Proceedings Rules 1991 (rule 10.28) were amended last April such that the media now has the right to attend most family proceedings, subject to the discretion of the court to exclude them in specific circumstances. At present, the media are permitted to publish details of the family court process, but they are prohibited from publishing the details of an individual case.
However, Pt 2 of the Children, Schools and Families Bill now proposes to set out more generous rules as to what the media can publish, having attended family hearings. Stage 1 would come into effect immediately, but stage 2 could only be implemented at least 18 months later, following a review of stage 1 by the Lord Chancellor, the conclusions of which would be laid before Parliament.
Stage 1
Currently, the starting point is that information relating to family proceedings cannot be published. However, there are three exceptions:
l authorised publications of relevant court orders or judgments;
l authorised news