Harassment, Harmful Communications and Related Offences Act 2020
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Anonymity of victim of offence under section 2 or 3 | ||
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5. (1) Where a person is charged with an offence under section 2 or 3 , any person who publishes or broadcasts— | ||
(a) any information, | ||
(b) a photograph of, or a photograph that includes a depiction of, the alleged victim of the offence, or | ||
(c) any other representation of the physical likeness, or any representation that includes a depiction of the physical likeness, of the alleged victim of the offence, | ||
that is likely to enable the identification of the alleged victim of the offence, is, subject to any direction under subsection (2), guilty of an offence. | ||
(2) Where a judge of the court in which proceedings for an offence under section 2 or 3, as the case may be, are brought considers that the interests of justice so require, he or she may, having taken into account the views of the alleged victim of the offence, direct that such information, photograph or representation referred to in subsection (1) as he or she specifies may be published or broadcast in such manner and subject to such conditions (if any) as he or she specifies in the direction. | ||
(3) A direction given under subsection (2) shall be in writing. | ||
(4) A person who contravenes a direction given under subsection (2) , including a condition in such a direction, is guilty of an offence. | ||
(5) A person who is guilty of an offence under subsection (1) or (4) is liable— | ||
(a) on summary conviction to a class B fine or to imprisonment for a term not exceeding 12 months, or both, or | ||
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding three years, or both. | ||
(6) It shall be a defence for a person who is charged with an offence under subsection (1) or (4) to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had reason to suspect— | ||
(a) in the case of an offence under subsection (1), that the information, photograph or other representation published or broadcast was information, a photograph or other representation referred to in that subsection, or | ||
(b) in the case of an offence under subsection (4), that the information, photograph or other representation was published or broadcast in contravention of a direction given under subsection (2), including a condition in such a direction. |