Information such as age and nationality will generally not constitute contempt of court under proposed laws
More information could be published when people are arrested under recommendations put forward in a review of contempt of court laws.
The Law Commission of England and Wales said publishing details such as a suspect’s name, age, nationality, ethnicity, religion or immigration status “will generally not create risk”, however, what can be published depends on the circumstances in any individual case.
Under its recommendations, published on Tuesday, criminal proceedings would become “active” when a person is charged, rather than at the point of arrest. Once proceedings are active, the test of contempt will be if a publication creates a “substantial risk” that justice and a fair trial will be “seriously impeded or prejudiced”.
The Law Commission review examined contempt laws in the age of social media and online communications after concerns were raised over the Southport attack last year. Contempt laws have “struggled to keep pace with the rise in online communications and social media”, which had changed the publication and information landscape, the body said.
