More secrecy will blight press freedom if teachers accused of crime gain anonymity under government proposals.

Already hobbled by privacy, libel and contempt laws, and by the briar of existing bans on identifying sex victims and various categories of children, free speech now faces an additional threat in the shape of the Education Bill.

If enacted, paragraph 13 of the Bill will make it an offence to publish any details likely to identify a teacher as being accused by a pupil of committing a crime, unless the teacher has been charged with the offence and there are proceedings in a court.

The default position will be an automatic ban on publicising alleged crimes by a teacher if no prosecution ensues – even where the teacher is sacked or disciplined for the misconduct, or where there is disquiet over the authorities’ refusal to prosecute.

If no charges are brought, a permanent reporting restriction will gag the press.  The offence of breaching the restriction will be punishable with a fine of up to £5,000.

It is proposed that a court will be able to lift the restriction if satisfied that it is “in the interests of justice” to do so, having regard to the welfare of the teacher concerned.

The restriction will also cease to apply if the Education Secretary or the General Teaching Council for Wales formally publishes certain information about an allegation against a particular teacher.

But there is no “public interest” exception.

The Bill is due to have its second reading in the House of Lords next Tuesday.

Whilst any unfounded accusation is a deplorable threat to a teacher’s reputation and career, critics feel the law should err on the side of transparency where professionals are entrusted with the education and pastoral care of other people’s children and are, or should be, capable of refuting scurrilous allegations.

The Society of Editors is fighting the legislative proposals and seeking to raise awareness of its implications for the media.

The Bill reprises aspects of Conservative MP Anna Soubry’s Private Member’s Bill, by which she proposed a new law to stop the media naming any arrested person before charge.

In March, Attorney General Dominic Grieve QC criticised her idea, saying: “There may be some merit in this proposal.  But we did also feel that there were some potential problems.  Being unable to name a suspect could cause problems for an investigation.”

Yet the government is now pleading a special case for allegations made by or on behalf of pupils against teachers.

If press freedom is supported only when it seems politically or administratively convenient, it isn’t any freedom at all.

• Solicitor Nigel Hanson is a member of Foot Anstey’s media team. To contact him telephone 0800 0731 411 or e-mail [email protected] or visit www.footanstey.com