Politicians urged to consider changing law on court reporting

'YouTube activist' calls for ban on naming defendants

Politicians on the Isle of Man are being asked to consider changing the law so that people who appear in court aren’t named.

Self-styled ‘YouTube activist’ Frank Schuengel says he wants to see a system where ‘justice is served in the courtroom and not on social media.’

He’s written to MHKs to share his thoughts saying naming defendants is a ‘gross violation’ of their privacy.

"The practice is also in total contravention of the current focus on privacy that we like to defend and insist on in most other areas of our lives.

"It serves no real purpose and only leads to trial by Facebook a de facto additional punishment.

"Therefore I ask for your support to put an end to this irresponsible and harmful practice.

"This could be achieved by means of a (possibly voluntary) media code of conduct or by changing the law in such a way that the publication of details in the press is no longer permitted.

"I strongly believe that doing so would benefit the island and lead to a justice system where justice is served in the courtroom and not on social media." - Frank Schuengel 

Maintaining a free press is seen as an essential element in ensuring democracy with court reporters ensuring there is transparency within the legal system.

In 1924 the then Lord Chief Justice of England, Lord Hewart, was famously quoted saying: “It is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”

Journalists are entitled by law to hear and report on the proceedings before the courts – unless specific reporting restrictions are imposed; in simple terms they are the eyes and ears of the public.

But Mr Schuengel, who is also a Douglas Councillor, says he’d like to see media organisations on the Island sign up to a code of conduct that would ban them from reporting anything:

Manx Radio has invited the Department of Home Affairs to comment. It's told Manx Radio it will be replying to Mr Schuengel's letter directly and will share the contents of that letter when he has received it.

You can hear more from Mr Schuengel, and find out more about court reporting, by listening to the latest episode of Newscast HERE.

Update: 

The Department of Home Affairs has confirmed to Manx Radio it responded to Mr Schuengel by letter. 

Minister Jane Poole-Wilson wrote: “The question of how we report on cases before the court, is more relevant now than ever before.

"The use of social media has changed the way we interact with, and share news. We must always be mindful, too, that the impact of news can often be greater in a small community, than in other places.

“It was for that reason that the Sexual Offences and Obscene Publications Act 2021 contains provisions which require the identity of suspects and those alleged to have committed certain sexual and some other offences to be kept anonymous up to the point of conviction. 

“There is provision for a Court Order to be made in certain limited circumstances that would enable reporting prior to conviction. This is in addition to provisions which protect witnesses and victims of such crimes. There are also existing provisions that restrict reporting in relation to juveniles.

“However even with these current restrictions, social media commentary often risks identifying individuals.

“The department has already committed to consulting on this matter during the passage of the Sexual Offences and Obscene Publications Bill through the branches of Tynwald.

"Any change to the fundamental principles of openness and transparency in the way justice is done – and seen to be done – must be subject to careful consideration and debate.”