Z & Ors v News Group Newspapers Ltd & Ors (Judgment 2)

Z & Ors v News Group Newspapers Ltd & Ors (Judgment 2)

In the event of Mrs Z's conviction, the Article 10 right to publish her name as a convicted person prevails over the family's right to anonymity. The public interest in open justice and proper identification of convicted persons outweighs the Article 8 privacy rights, though protective measures for the children are...

Source-derived case information.

Parties
Applicant: Mr Z; Defendant: Mrs Z; Respondent: News Group Newspapers Limited; Interested Party: CPS
Jurisdiction
England and Wales
Judgment Date
21 May 2013
Procedural Posture
Reporting Restriction Order Application / Post Criminal Trial, Pre Verdict, Review of Reporting Restrictions
Outcome
Reporting Restriction Order varied: in the event of conviction, Mrs Z's name may be published; protective restrictions for children and Mr Z maintained.
Legal Topics
Reporting Restriction Orders, Anonymity, Open Justice, Freedom of Expression, Privacy, Balancing ECHR Article 8 and Article 10 Rights
Family Law Criminal Law Media Law Human Rights Reporting Restriction Orders Anonymity Open Justice Freedom of Expression +2 more

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Summary, issues, holding and outcome

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Parties

Mr Z

Applicant

Mrs Z

Defendant

News Group Newspapers Limited

Respondent

CPS

Interested Party

Procedural Posture

Reporting Restriction Order Application / Post Criminal Trial, Pre Verdict, Review of Reporting Restrictions

  1. 1 Whether to vary the Reporting Restriction Order in the event of Mrs Z's conviction
  2. 2 Balancing Article 8 (privacy) and Article 10 (freedom of expression) rights
  3. 3 Extent of permissible press reporting post-conviction

Ratio Decidendi

In the event of Mrs Z's conviction, the Article 10 right to publish her name as a convicted person prevails over the family's right to anonymity. The public interest in open justice and proper identification of convicted persons outweighs the Article 8 privacy rights, though protective measures for the children are maintained where possible.

Court Disposition

Reporting Restriction Order varied: in the event of conviction, Mrs Z's name may be published; protective restrictions for children and Mr Z maintained.

Orders

  • No publication of children's forenames, including adult children.
  • No reporting of pictures of children, adult children, or Mr Z.