The Education Act 2011 contains a provision restricting the reporting of alleged offences by teachers where the complainant is a pupil at the school in which they teach. The Newspaper Society and Society of Editors lobbied hard on section 13 of the Act resulting in amendments during the Bill's passage but the scope of the clause remains a wide-ranging offence.
The Society of Editors wrote to all members of the House of Lords condemning the clause upon its passage through the second chamber last year. Despite a number of concerned peers describing the provisions as "an unprecedented attack upon free speech" the amendments were passed.
Bob Satchwell (pictured), executive director of The Society of Editors, condemned the implementation as an attack on freedom of speech: “It will be a criminal offence for anyone – pupil, parent, police, school, local authority, whistle-blower, media – even to inform parents or the general public that an identified teacher has admitted that the allegation is true and has resigned, has been disciplined, or even cautioned for the offence.
He added: “Although we acknowledge teachers’ fears about false accusations, the most important issue is surely to protect children. Malicious allegations by pupils are extremely rare and alongside this the laws of libel, contempt and confidence already restrict newspapers from repeating and publishing unsubstantiated accusations.”
The Society added that although there is a defence available for publishers who can prove that they were unaware either a) that the publication contained reports of such an allegation; or b) that the allegation against the teacher had been made, there was no public interest defence for publication.
Both the Society of Editors and the Newspaper Society voiced strong opposition to this and its effect upon freedom of speech, however the Bill proceeded through Parliament without one.
Only upon the teacher being charged with an offence or if the teacher agrees to waive his/her anonymity will reporting restrictions cease to exist.
An application can be made to the magistrates court for an order to lift the reporting restrictions. However the court has to be satisfied that it is in the interests of justice to do so, having regard to the welfare of the teacher who is the subject of the allegation and the victim of the offence to which the allegation relates. Appeal against a decision either way can be made to the Crown Court.
Mr Satchwell argued that the clause had the potential to set a dangerous precedent, adding that “by preventing anyone from reporting allegations, the worry is that valid concerns may now be swept under the carpet. Alongside this people may now be convicted for telling the truth.”
