MLCs have approved a gagging clause banning the local media from reporting the name of rape case defendants until conviction.

The Manx authorities, however, won’t be able to prevent the UK press from naming the accused in a trial here.

Clause 140 of the Sexual Offences and Obscene Publications Bill provides for the automatic anonymity of suspects in such cases.

It was approved by the Legislative Council this week after rejecting an amendment tabled by Kerry Sharpe MLC which called for the clause to be omitted for the time being.

She said: ’If laws concerning press freedom are to be changed then public consultation should take place first.’

Mrs Sharpe said the consultation that had been carried out had not asked whether anonymity of alleged perpetrators should be extended automatically but whether it should be granted in ’certain circumstances’.

’That’s a completely different question,’ she said.

treatment

Mrs Sharpe said alleged perpetrators of no other crimes, no matter how severe, were being afforded the same treatment. As the clause diverges from UK law, the press from across could name the defendant while the Manx media could not.

Mrs Sharpe said she understood the sentiment behind the provision but that it relates to matters ’far beyond the scope of the bill’ and there is currently no evidence that the public wanted it.

Her amendment was seconded by Kate Lord-Brennan MLC who said: ’It’s a significant matter involving open justice and warrants further attention.’

Jane Poole-Wilson MLC said there were practical concerns. She said: ’We could end up with the anomaly of large media organisations elsewhere freely reporting on matters in the Isle of Man when our press are unable to do so.’

A real concern, she said, was trial by the public through social media which enables defendants to be named even when the full force of the law says they should not be identified.

Tom Bateman, legislation and policy manager for the Department of Home Affairs, urged MLCs to reject the amendment on the grounds that it is a ’key area of settled department policy’.

He said a defendant found not guilty of sexual offences case could be ’exposed to the glare of media publicity without any hope of having their subsequent acquittal given the same degree of publicity’.

He cited cases in the UK such as Sir Cliff Richard and Paul Gambaccini where they were named long before they were even charged.

Mr Bateman said the island could be a leader rather than wait for the UK - where anonymity of the accused in rape cases was repealed in 1988 but where there have been calls for it to be reintroduced.

Clause 144 of the bill allows for automatic anonymity to be lifted on application to the judge by a police superintendant, for the protection of the victim or otherwise in the public interest.

Rob Mercer MLC said this would provide an ’important counter-balance’ to clause 140.

Under the new Bill, the local press will still be able to attend the court case but they won’t be able identity the accused.

Mr Bateman confirmed that what the UK press reports from their jurisdiction ’we cannot and would not presume to control’.

Attorney General John Quinn said reporting of a case in the UK press could be justification for an application be made to the court for the defendant to be named here, too.