296.New section 106A(1) prohibits the publication of information if it would be likely to lead to the identification of a person who is the victim of certain sexual and related offences. Those offences are set out at subsection (5). The prohibition applies whether the offence was committed, or was suspected to have been committed, before or after this new section comes into force (see subsection (8)). Subsection (2) sets out in more detail the sort of information that will be covered by the prohibition on publication. The list in subsection (2) is non-exhaustive.
297.The prohibition in subsection (1) applies from the point the offence is committed for the lifetime of the victim (as provided for by subsection (3)). There are certain exceptions to the prohibition on publication. Subsection (4) provides that the prohibition doesn’t prevent the victim themselves from publishing the information. But a victim who self-publishes information will not be covered by the exception to the extent that information they publish would be likely to lead to the identification of another person who is a victim of a relevant offence. A victim who is an adult is also able to consent to the publication of the information by another (see section 106D(3) and (4)). See also sections 106B and 106C for situations where the court may dispense with restrictions.
298.The Scottish Ministers may, by regulations subject to the affirmative procedure,(10) amend the list of offences in subsection (5).
299.Subsection (8) contains definitions of expressions used in this section and in the other sections in new Chapter 2B including, in particular, the meaning of “publication”, which includes, as well as traditional forms of print and broadcast media, social media and other publicly accessible online forms of communication, such as X (formerly known as Twitter).
Crown Application Anonymity for victims Section 106A – restriction on publications relating to listed offences