Broadcast broke absurd ‘gag’ law on child victims’ IDs
VIRGIN MEDIA this week aired a repeat of a documentary – only this time it was in breach of a controversial section of the Children’s Act because it identified the grieving mother of two children murdered by their father.
Legislation to allow children who were killed to be publicly named is expected to be enacted by the end of the month or early next month, but as it stands it is illegal to name a child when someone is charged with or convicted of their killing.
In October the Court of Appeal ruled that Section 252 of the Children Act 2001, which provides mandatory reporting restrictions in ‘any proceedings for an offence against a child’, extends to children who have died. The gag law only applies in instances where proceedings were brought.
The Irish Mail on Sunday has been highlighting the consequences of the court’s decision since the ruling and the fallout from the law was again evident when Virgin Media broadcast Killer In The Family: True Lives on Monday, March 8.
When asked if the station should be prosecuted for broadcasting the documentary, the Department of Justice said it was a matter for the gardaí and the Director of Public Prosecution.
It featured four families who had suffered horribly, including Una Butler, whose husband John took his own life after murdering their two little girls Ella, two, and Zoe, six, and Helen O’Driscoll, whose son Jonathan, 20, took his own life after killing his nine-year-old twin brothers Thomas Jr and Paddy.
In these cases no proceedings were brought, so the children can be named.
The programme also featured a mother whose boys were murdered by their father. The mother and her boys were named in what is a clear breach of the Children Act, 2001. Virgin Media declined to comment, but removed the programme from its player after being contacted by the MoS.
The law also affected coverage this week of the search for the remains of a teenager in Co. Louth. The youth could not be identified because of proceedings before the court in relation to his death.
When the minister was asked if Virgin Media should be prosecuted for broadcasting the programme a spokesman said it would be ‘inappropriate for the minister to comment on this matter’.
He added: ‘Any alleged breaches of criminal law would be a matter for An Garda Síochána and, if appropriate, the DPP.’
Informed sources said the law ‘cannot be changed overnight’, but the minister has been working to change it as quickly as possible.
While the changes are happening, grieving families are left in an absurd situation where they have effectively been gagged from publicly naming their own children. The grieving mother who featured in the Virgin Media programme previously gave her permission to the MoS to publish a blurred picture of her much loved sons to show the ‘absurdity’ of the ruling.
‘It was never meant to be interpreted the way it is,’ she said.
Last week, Justice Minister Helen McEntee welcomed the ‘swift passage’ of the Children (Amendment) Bill 2020 through all stages in the Seanad, allowing it to progress through the Dáil.
The second stage of the Bill will be taken in the Dáil in the next week.