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Court victory for Express

The Kentish Express has won an important court victory for freedom of the press and its readers’ right to know.

Jo Robertson, chief reporter of the Folkestone edition, stood up and addressed magistrates sitting at Folkestone youth court and asked them to exercise their powers to name 13-year-old Danny Brown.

Brown had an automatic right to anonymity in the youth court after beingaccused of breaching an anti-social behaviour order imposed upon himjust 16 days before he punched a 14-year-old in the face on a stationplatform.

In October the magistrates making the order decided the Press could nameDanny to act as a deterrent and allow the public to keep an eye on him – despite appeals by his defence solicitor.

He had been accused of more than 27 offences including vandalism, harassment and theft.

The Kentish Express, a Kent Messenger-owned title, was determined that his breach of the order and his broken promises should be reported in full.


  • Editors’ guidance
  • Quoting from the recently-published Reporting Restrictions in theMagistrate’s Court issued by the Newspaper Society and Society of Editors,Jo told the court they should follow the rulings of the country’s most senior judges and Home Office advice that it was in the public’s interest to lift reporting restrictions when a youngster’s offending was persistent, serious and had affected the people in his community.

    She said: “We told the court that not naming Danny would be an absurdityespecially after all of the publicity surrounding the original hearing.

    “That court agreed Danny had given up his right to anonymity by misbehavingso badly.

    “We also reminded the court of the hallowed principle that justice should beadministered in public and open to full and fair reporting so people knowwhat is being done in their name.

    “And we relied on Article 10 of the European Convention of Human Rightswhich protects our freedom of expression.”

    After hearing Miss Robertson’s submissions and defence solicitor JulianRixon’s claim it would not be in Danny’s interest for his name toappear in the Press and that it would be unfair to victimise him for thesake of a good news story, the magistrates retired to make their decision.

    After a lengthy deliberation they said they had listened carefully to thearguments and decided to lift all reporting restrictions.

    Back to the law index

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