Part 9: Miscellaneous and General Pardons for certain abolished offences etc Section 173: Anonymity of victims of forced marriage: England and Wales
This section forms part of the law of England and Wales.
	The section inserts new section 122A into Part 10 of the 2014 Act, which in turn inserts new Schedule 6A into that Act. New Schedule 6A makes provision for the anonymity for victims of forced marriage in England and Wales. These provisions are modelled on those in the Female Genital Mutilation ("FGM") Act 2003 which provides for anonymity for victims of FGM.
	Paragraph 1 of new Schedule 6A to the 2014 Act prohibits the publication of any matter that would be likely to lead members of the public to identify a person as the alleged victim of an offence under section 121 of the 2014 Act (that is, the offence of forcing someone to marry). The prohibition lasts the lifetime of the alleged victim. The prohibition covers not just immediate identifying information, such as the name and the address or a photograph of the alleged victim, but also any other information which, whether on its own or together with other information, would help identify the alleged victim. "Publication" is given its broad meaning (see paragraph 9(1) of new Schedule 6A) and includes traditional print media, broadcasting media, and online and social media platforms (for example, Twitter, Facebook).
	Paragraph 1(3) to (7) of new Schedule 6A makes provision for a trial judge to disapply the restrictions on publication. The power to waive the restrictions is in effect limited to the circumstances necessary to allow a court to ensure that a defendant receives a fair trial or to safeguard freedom of expression in accordance with Articles 6 and 10 of the ECHR respectively.
	Paragraph 2 of new Schedule 6A makes it a summary offence to contravene the prohibition on publication. The maximum penalty is an unlimited fine. It will not be necessary for the prosecution to show that the defendant intended to identify the victim. In relation to newspapers or other periodicals (whether in print form or online), and radio and television programmes, the offence is directed at proprietors, editors, publishers, or broadcasters (rather than individual journalists). Any prosecution for the offence requires the consent of the Attorney General.
	Paragraph 3 of new Schedule 6A provides for two defences. The first is where the defendant had no knowledge of the content of the publication or of the allegation. The second is where the victim, aged 16 or over, has given freely given written consent to the publication. These defences impose a reverse burden on the defendant, that is, it is for the defendant to prove that the defence is made out on a balance of probabilities, rather than imposing a requirement on the prosecution to show beyond reasonable doubt that that the defence does not apply. The policy aim behind the offence is to encourage victims to report forced marriage offences committed against them and to, in turn, increase the number of prosecutions for this crime. The reverse burden imposed allows the defendant in a particular case to justify their publication of the information identifying the alleged victim on the basis that they were not aware and did not suspect or have reason to suspect that an allegation had been made or that the publication contained information likely to lead members of the public to identify the alleged victim. These matters to be proved on the balance of probabilities are matters within the knowledge of the defendant.
	Paragraphs 4 to 8 of new Schedule 6A are designed to ensure that the offence provided for in paragraph 2 of the Schedule is consistent with the UK’s obligations under the E-Commerce Directive. Under paragraphs 4 to 8, providers of information society services who are established in England and Wales are covered by the new offence even when they are operating in other European Economic Area states. (Non-UK based service providers could held liable in certain, more limited circumstances.) Paragraphs 6 to 8 of new Schedule 6A provide exemptions for internet service providers from the offence in limited circumstances (such as where they are acting as mere conduits for the prohibited material or are storing it as caches or hosts).