Media reporting on child homicide victims: a consultation on the issues

In this consultation BBC Scotland is contributing as a public service broadcaster; we recognise the sensitivities involved in this consultation and will contribute to those areas we believe are within the purview of a public service broadcaster.

The BBC’s Royal Charter and Agreement, under which the BBC operates, sets out the BBC’s Object, Mission and Public Purposes, including “to provide impartial news and information to help people understand and engage with the world around them … championing freedom of expression, so that all audiences can engage fully with major local, regional, national, United Kingdom and global issues and participate in the democratic process, at all levels, as active and informed citizens.”

We are in agreement with the response submitted by Campbell Deane on behalf of the Scottish Media Lawyers Society and would like to align our own response to that submission. For that reason we are submitting our response in the section requesting other comments on this issue, rather than attached to each individual question in the consultation.

We recognise this consultation is on a matter of great emotional sensitivity. The media are already subject to considerable constraints on the reporting of child homicides; children receive enhanced protection for their privacy rights as a matter of civil law and the media self-censor, via their regulatory codes, where children and more generally where family members of victims, survivors, witnesses and criminals are affected by crime. It is also not unusual for broadcasters to take account of requests from family members about, for example, the choice of images of victims, non-contact with family members or, in relation to historical crimes, limitation on coverage.

The BBC rules on reporting crime and anti-social behaviour are set out in the BBC’s Editorial Guidelines https://www.bbc.co.uk/editorialguidelines/ at points 8.1 to 8.3.47. These guidelines require that we must seek to balance the public interest in reporting crime with respect for the privacy and dignity of victims and their families. They also include our mandatory referrals processes which are part of the BBC’s editorial management system to ensure compliance with our guidelines and consideration of impact on victims and/or their relatives. Further rules specifically designed to protect children and young people as contributors are set out at 9.1- 9.3.25

We agree with the concerns raised by Campbell Deane on behalf of the Scottish Media Lawyers Society that family and friends will not necessarily agree on one single approach to speaking publicly about their loss. Many Scots live in a network of complex and flexible relationships - there are blended families, care-experienced children and children whose grandparents play the major role in their upbringing. And families will have conflicting narratives and differences in attitudes to publicity. Additionally there is a particular need to be able to report openly on child homicides, within current reporting guidelines, because as the consultation paper states “when such horrific events do occur, evidence suggests that in approximately two-thirds of cases a parent is found responsible.” Traditionally, respect for privacy has been a potent enabler of the abuse of the relatively disempowered, both women and children. Sadly, there are many ways in how a child may die and each case gives rise to different public interest considerations and sensitivities, none of which can be discussed effectively without being able to report meaningful detail.

We also agree with the point made by Campbell Deane on behalf of the Scottish Media Lawyers Society that anonymity could have an impact on the ability of the police to investigate a crime; members of the public may not realise the significance of information that they hold or where the police are working through complex cases involving organisations, institutions or gang culture where secrecy and intimidation are present.

There is no doubt that an extension to anonymity would have an impact on freedom of expression and on open justice and would be a significant change to the Scottish legal system’s approach to the consequences of death. To report accurately the essentials of what happens in a public court is a matter of definitive public interest, not a proprietary private right. Leaving aside the very large overlap between familial relationship and criminal guilt in child homicide cases (p15 of the consultation paper), to conceal permanently the identity of the victim of unlawful killing is the antithesis of open justice.

In terms of freedom of expression it would directly impact on individuals whether family, friends, teachers, members of the community or professionals involved in caring professions, as well as those wishing to discuss it for campaigning purposes or to develop policy or practice as a result of learnings.

We suggest that another consideration is that legislation in this area could be seen as unworkable in practice in particular considering the pervasive nature of social media, and challengeable in principle as non-compliant with Article 8 and Article 10 of the European Convention on Human Rights. Article 8 covers the rights of the individual to share their own stories and experiences of friends or family and Article 10 covers the rights of the media or the individual to impart information, and to the public right to receive it.

BBC Scotland recognises and respects the sensitivities on reporting in this area whilst sharing the concerns raised in the response submitted by Campbell Deane on behalf of the Scottish Media Lawyers Society.