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Landmark law ruling backs Romford Recorder

The role of the regional press was key to a decision by law lords to lift reporting restrictions in a murder case later this month.

The Romford Recorder was backed by three national newspaper groups in a battle to have the defendant’s name and photo published.

A mother stands accused of murdering one of her sons – and lawyers acting for her other son asked for her to remain anonymous to protect his interests.

But five law lords ruled banning publication of the identity of the accused and the dead child would have a “chilling effect” on the principle of open justice.

The Romford Recorder had to drop out of the action part way through the hearing because of the potential costs, but Associated Newspapers, News Group Newspapers and the Mirror Group took up the fight in the High Court.

Recorder editor Mark Sweetingham said: “We are obviously very pleased that we have had the result we needed.”

He was pleased the nationals had taken on the case, adding: “It was more than we could stand.”

The judgment concerned an overturned Section 39 order and subsequent injunction on appeal prohibiting publication of information which might lead to the identification of the eight-year-old child.

This would have prevented identification of the mother and the deceased child in reports of the impending criminal trial. The eight-year-old child is not a party to the proceedings and the issue turned upon the application of the Human Rights Act l998 and the interaction between the child’s right to respect for his privacy and the media’s right to freedom of expression.

The House of Lords pointed to the role of the press “as watchdog of the public” in reporting the courts and emphasised that the rule of open reporting can only be displaced by unusual or exceptional circumstances.

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