The Society of Editors is mounting a last-ditch bid to block government plans to give anonymity to teachers accused of committing crimes against pupils.
Executive director Bob Satchwell says the move would place a serious inhibition on the right to freedom of speech and could leave children at risk.
He has written to all members of the House of Lords which is currently considering the new clause, part of the government’s Edcuation Bill.
It will give automatic anonymity to any teacher accused of committing an offence against a pupil, whether an accusation is made by the child or on his or her behalf.
Wrote Bob: “It will be a criminal offence for anyone – pupil, parent, police, school, local authority, whistle-blower, media – even to inform parents or public that an identified teacher has admitted that the allegation is true and has resigned, or been disciplined, or even cautioned for the offence.
“It would also be an offence to report that the identified teacher had been exonerated.”
The society said it acknowledged teachers’ fears about false accusations, but the most important issue was to protect children.
It argued that malicious allegations by pupils were rare and the laws of libel, contempt and confidence already restricted their repetition and publication.
Added Bob: “Other media organisations share our concern that no one, including parents, could even discuss or raise the allegations publicly, without committing a criminal offence.
“To avoid prosecution, they would have to persuade a court to lift the reporting restrictions (even then, the court can only lift them in the ‘interests of justice’ with regard to the teacher’s welfare, not on wider public interest grounds) or get the teacher’s written consent, unless criminal charges are brought.
“As it stands the Bill could mean that an accused teacher might move from one school to another without allegations being properly recorded and aired if there is not a criminal charge. That would be dangerous because there are a variety of reasons why charges may never be brought.
“We urge you to listen to your colleagues who have raised this matter and to join them in asking the government to modify their plans to avoid setting dangerous precedents.”
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Do none of you get it? Do none of you understand why trust is disappearing from local newspapers and why many are seen as arrogant and high handed?
This is not about some noble principle … it’s about giving newspapers the opportunity to peddle tittle tattle, destroy lives and then move on to the next story.
If am investigation is underway, let it run its course then publish. Until then, as you all well know, you will inevitibly leave a mark over the teacher no matter the outcome. It’s why newspapers are grossly irresponsible in running certain arrest stories.
The usual argument is ‘we have to treat everyone the same’ but the fact is, newspapers never treat everyone the same.
I just don’t see how children are protected by running unproven allegations.
I wish Bob Satchwell would just say …”This law is wrong because it will stop us running gossip and tittle tattle.”
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As I’ve said before, the Society of Editors is hopelessly out of step in trying to block this. Our teachers need anonymity to protect them from malicious pupils with nothing to lose in making up vicious lies – ‘allegations’ newspapers should not print until teachers are charged and/or convicted of offences. This seems obvious to everyone but the Society of Editors. I must also add that the more I hear about its ‘executive director’ Bob Satchwell the less I’m inclined to support what he says about anything. This is another judgment call he has got totally wrong in recent times.
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I really think Marty and Subbo have missed the point. The majority of offences by teachers (physical violence, kissing pupils, bullying, drink-driving mini-buses, etc) are resolved by the teacher resigning and moving elsewhere. All nice and quiet, hush-hush. Schools prefer this, of course. If there was a ban on the media properly reporting serious allegations, teachers could go from school to school committing these offences without anyone knowing. The result could be very dangerous to the welfare of children, and the human rights of minors and parents in knowing about facts rather than hearing unsubstantiated rumours. Proper, reasonable reporting of allegations that are being investigated by police/school authorities should remain reportable. Of course, if neither school or police are taking such allegations seriously, or are in effect dismissing them, no sound editor would report them anyway.
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I think it is Steve who has missed the point here. Apart from wondering where is his evidence that “the majority of offences by teachers” are hushed up, the fact remains teachers lives ARE blighted by unfounded allegations as the old adage of no smoke without fire still holds true. Even if a case goes to court and the teacher is acquitted the mud sticks and the accused often don’t even get their jobs back when cleared. Incidentally, “The result COULD be very dangerous to the welfare of children” sounds a bit of a kite flyer, and as for the phrase “the human rights of minors and parents”, I think I’m going to weep…
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So, Steve, what happens when an allegation is made, the local paper gives it ridiculous prominence on the front page, the reputation is destroyed and it all turns out to be rubbish? The paper may print a small report but the damage is done. Face facts, it’s a high minded attempt to justify the printing of gossip and it’s no wonder people are wary of talking to the press.
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Marty,
Give us a bit of credit m8. This doesn’t happen on proper newspapers. Anyone whose reputation has been destroyed as you allege over unfounded allegations would get a libel payout. Have there been any of these claims from teachers? Can’t recall any.
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Liz… Any teacher reported on in that way certainly would not get a libel payout.
All the facts would be true at the time of reporting. What grounds for suing for libel? None.
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Once you start with teachers, where do you stop? The police? A lot easier to hush things up if people can’t report on what is going on during the investigation? How about medical staff? Or what about MPs? Thin edge of the wedge.
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Come on, old sub! Give me a clear example of a teacher blighted by false allegations who has been pilloried by local papers? As a former editor, we would never go ahead with such claims unless the school or police were taking it seriously.
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It’s a nonsense. Why are teachers the only ones protected by this law? What about doctors, nurses, police officers, etc they have reputations too……
Or is this just the tip of a very large privacy law iceberg?
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Some misunderstanding of the law of libel here. If a paper reports that a teacher has been suspended or arrested for an offence against a pupil, the teacher (aided perhaps by his union) may have a valid claim for damages unless of course the teacher is subsequently found guilty. The only exception to such a claim would be if there were reasonable grounds for suspicion and in the past it has been ruled in the High Court that the fact someone has complained, or reported the matter to the police should not in itself be regarded as reasonable grounds. The courts seem to take the view that anyone can complain to the police and if it turns out to be without good cause then publication of the allegation is actionable.
Police officers themselves aided by the Police Federation have so often sued in the past for allegations that could not be backed up.
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To Steve
I’ll give you the example of the teacher in the West country who went into a spiral of depression, failed to get another job then committed suicide after a story about his suspension over some accusation by a pupil was on the front page of a large city daily, along with a huge picture of him. It all turned out to be nonsense but the damage was done. It’s not so different to Chris Jefferies … ridiculous prominence given to totally unsubstantiated accusations. The newspapers take the attitude ‘we have the right so we will’ but have no care for the consequences. I think if readers were present at most news conferences (I’ve been to hundreds, if not thousands) they would be shocked at the attitude towards people whose lives they are about to wreck.
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I think we have all missed the point about missing the point about the point that was missed. Anyone got any work to do?
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