Scottish government bins child homicide anonymity plans

Angela Constance

The government ran a 12-week consultation seeking views on possible legislative and non-legislative approaches to reduce trauma that media reporting of child homicide cases can cause grieving loved-ones.

The consultation heard from bereaved families, victim support organisations, children’s organisations, media and legal organisations and legal academics.

It has now concluded that legislation would not be an effective way of dealing with the complexities of media reporting on child homicide cases. The consultation made clear there would be serious difficulties in developing legislation that could strike a balance between privacy rights and freedom of expression, and also be practically enforced.

The Scottish government will now work with stakeholders on non-legislative measures that could improve the experiences of families affected by reporting on child homicide cases. This includes supporting the development of guidance for journalists by media, victims organisations and regulators; exploring the potential for journalism courses, newsrooms or regulators to offer bespoke training for journalists; and working with Victim Support Scotland to consider how media guidance provided to bereaved families could be enhanced.

Justice Secretary Angela Constance said: “I have great sympathy for the distress felt by bereaved families in child homicide cases, which can be compounded by the significant media attention that such cases attract, often well beyond the death and any court case if there is one.

“I am grateful to everyone who responded to the consultation for their thoughtful, reasoned and heartfelt views, which I considered very carefully. What is clear is that there needs to be more sensitive media reporting in child homicide cases, while striking a balance between a right to privacy and freedom of expression.

“I do not consider that legislation would be an effective way of dealing with the complexities of reporting on child homicide cases, or flexible enough to cover the diverse circumstances of cases and the people affected by them. Any legislative approach would also likely criminalise ordinary human responses to the tragedy of a child’s death, such as public tributes.

“However, I understand that more could be done to highlight the impact on families and we will work with stakeholders on a range of non-legislative actions.”