If a new Bill becomes law local media will not be allowed to name defendants in sex offence cases unless they are convicted - but off-island publications could do so and still be sold in Manx shops.
But if any branches of media in the island then repeated the details from a publication that was already available in the island, they would be in breach of the law.
MHKS fought off attempts last year to remove a provision in the Sexual Offences and Obscene Publications Bill that will mean defendants in sex offence cases cannot be named until conviction. But it was admitted the rule could not be applied to international media.
We asked Dr Alex Allinson, who is in charge of the Bill, how that could be policed and whether that would mean the distribution of a UK newspaper in the island might have to be prevented in the island if it contains the name of a defendant in a Manx case.
We also asked what would be the situation if someone from the island was in the UK and learned the identity of a defendant and then - while still off-island - shared that information on social media, or whether someone in the island who shared an online story from elsewhere could face prosecution.
Dr Allinson acknowledged the limitations of any Manx legislation.
’The recent naming of the man convicted of the murder of Grace Millane by Australian media outlets shows the geographical limitations of such legislation,’ he said.
’Should an overseas newspaper or website ignore the anonymity of a Manx court ruling then there would be very little we could do about it except complain to the respective regulator.
’The Isle of Man would not be in a position to ban a newspaper from entering the island although the UK Government tried to do that with the Spycatcher publication but failed rather dismally.’
A retailer could continue to sell the publication in question, he said, but ’any repetition or publication by a local media outlet would be an offence;’.
He added: ’If a Manx resident published confidential information online whilst in the UK they could be investigated for committing an offence but that would need to be carefully considered by the attorney general’s chambers and viewed to be in the public interest.
’Similarly, sharing an online story from elsewhere within a Manx-based online forum could be seen as an offence and would be investigated if it came to the attention of the constabulary.’


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