Criminal Law (Incest Proceedings) Act, 1995

Anonymity of person charged with offence under Act of 1908 and person to whom offence relates.

3.—(1) After a person is charged with an offence under the Act of 1908, no matter likely to lead members of the public to identify that person as the person charged or to identify any other person as a person in relation to whom the offence is alleged to have been committed shall be published in a written publication available to the public or broadcast.

(2) If any matter is published or broadcast in contravention of subsection (1) of this section, the following persons shall be guilty of an offence namely:

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

(b) in the case of matter published in any other written publication, the publisher thereof, and

(c) in the case of matter broadcast, any person who transmits or provides the programme in which the broadcast is made and any person who performs functions in relation to the programme corresponding to those of the editor of a newspaper.

(3) Nothing in this section shall be construed as—

(a) prohibiting the publication or broadcasting of matter consisting only of a report of legal proceedings other than proceedings at, or intended to lead to, or an appeal arising out of, a trial of a person for an offence under the Act of 1908, or

(b) affecting any prohibition or restriction imposed by virtue of any other enactment upon the publication or broadcasting of any matter.

(4) In the section—

“broadcast” means broadcast by wireless telegraphy of sound or visual images intended for general reception, and cognate words shall be construed accordingly;

“written publication” includes a film, or a recording (whether of sound or images or both) in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.