§ 48 — Restriction on publication or broadcast of information or pictures of children involved in adoption proceedings

48.—(1) Subject to subsections (2) and (3), a person must not publish or broadcast any information or picture that identifies, or is likely to lead to the identification of, any protected person as a child who was or is the subject of an adoption application —(a)

whether or not an adoption order was or has been made on the adoption application; and

(b)

even after the protected person attains 21 years of age.

(2) Subsection (1) does not apply where —(a)

in a case where the adoption application was successful and the protected person is below 21 years of age — the adoptive parent of the protected person consents to the publication or broadcast;

(b)

in a case where the protected person has attained 21 years of age — the protected person consents to the publication or broadcast;

(c)

in a case where the adoption application was unsuccessful and the protected person is below 21 years of age — a relevant person of the protected person consents to the publication or broadcast; or

(d)

in any case — the Guardian‑in‑Adoption gives his or her approval for the publication or broadcast.

(3) Nothing in subsection (1) prevents —(a)

any relevant person of a protected person who is below 21 years of age and in respect of whom no adoption order has been made and no adoption proceedings are pending;

(b)

the adoptive parent of a protected person who is below 21 years of age; or

(c)

a protected person in respect of whom no adoption proceedings are pending,

from publishing or broadcasting any information or picture mentioned in that subsection in relation to the protected person.

(4) If any information or picture is published or broadcast in contravention of subsection (1) —(a)

in the case of the publication of any information or picture as part of a newspaper or periodical publication — every proprietor, editor, publisher or distributor of the newspaper or periodical publication;

(b)

in the case of the publication of any information or picture otherwise than as part of a newspaper or periodical publication — every person who publishes or distributes it; or

(c)

in the case of the broadcast of any information or picture —(i)

every person who broadcasts the information or picture;

(ii)

every person who transmits or provides the programme in which the information or picture is broadcast; and

(iii)

every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,

shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

(5) The court may, in addition to any punishment mentioned in subsection (4), order a person to do any one or more of the following:(a)

remove the publication or stop the broadcast, of any information or picture that is in contravention of subsection (1);

(b)

remove the programme in which the information or picture that is broadcast in contravention of subsection (1) is broadcast;

(c)

delete the information or picture that is published or broadcast in contravention of subsection (1);

(d)

take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of subsection (1) is no longer available on or through the Internet.

(6) Subsection (1) is in addition to, and not in derogation from, the provisions of any other written law with respect to the publication of information relating to judicial proceedings.

(7) In this section and sections 49, 51 and 52 —“adoption application” and “adoption order” include an application and an order, respectively, made under section 3 of the repealed Act;

“broadcast” means sounds or visual images —(a)

broadcast by wireless telegraphy, or by means of a high frequency distribution system over wire or other paths provided by a material substance, and intended for general reception;

(b)

broadcast through the Internet or any website, web service or Internet application, whether or not intended for general reception; or

(c)

broadcast through any messaging system;

“messaging system” means any system that enables the transmission of short text messages, or of any visual communication, voice communication or email —(a)

from a digital mobile telephone to another digital mobile telephone; or

(b)

from an email address to a digital mobile telephone, or the other way around;

“protected person” means an individual in respect of whom an adoption application was or has been made;

“publish”, in relation to any information or picture, means to bring the information or picture to the notice of the public or a section of the public by any means, including (to avoid doubt) through —(a)

the Internet or any website, web service or Internet application; or

(b)

any messaging system.

—(1) Subject to subsections (2) and (3), a person must not publish or broadcast any information or picture that identifies, or is likely to lead to the identification of, any protected person as a child who was or is the subject of an adoption application —(a)

whether or not an adoption order was or has been made on the adoption application; and

(b)

even after the protected person attains 21 years of age.

(2) Subsection (1) does not apply where —(a)

in a case where the adoption application was successful and the protected person is below 21 years of age — the adoptive parent of the protected person consents to the publication or broadcast;

(b)

in a case where the protected person has attained 21 years of age — the protected person consents to the publication or broadcast;

(c)

in a case where the adoption application was unsuccessful and the protected person is below 21 years of age — a relevant person of the protected person consents to the publication or broadcast; or

(d)

in any case — the Guardian‑in‑Adoption gives his or her approval for the publication or broadcast.

(3) Nothing in subsection (1) prevents —(a)

any relevant person of a protected person who is below 21 years of age and in respect of whom no adoption order has been made and no adoption proceedings are pending;

(b)

the adoptive parent of a protected person who is below 21 years of age; or

(c)

a protected person in respect of whom no adoption proceedings are pending,

from publishing or broadcasting any information or picture mentioned in that subsection in relation to the protected person.

(4) If any information or picture is published or broadcast in contravention of subsection (1) —(a)

in the case of the publication of any information or picture as part of a newspaper or periodical publication — every proprietor, editor, publisher or distributor of the newspaper or periodical publication;

(b)

in the case of the publication of any information or picture otherwise than as part of a newspaper or periodical publication — every person who publishes or distributes it; or

(c)

in the case of the broadcast of any information or picture —(i)

every person who broadcasts the information or picture;

(ii)

every person who transmits or provides the programme in which the information or picture is broadcast; and

(iii)

every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,

shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 or, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.

(5) The court may, in addition to any punishment mentioned in subsection (4), order a person to do any one or more of the following:(a)

remove the publication or stop the broadcast, of any information or picture that is in contravention of subsection (1);

(b)

remove the programme in which the information or picture that is broadcast in contravention of subsection (1) is broadcast;

(c)

delete the information or picture that is published or broadcast in contravention of subsection (1);

(d)

take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of subsection (1) is no longer available on or through the Internet.

(6) Subsection (1) is in addition to, and not in derogation from, the provisions of any other written law with respect to the publication of information relating to judicial proceedings.

(7) In this section and sections 49, 51 and 52 —“adoption application” and “adoption order” include an application and an order, respectively, made under section 3 of the repealed Act;

“broadcast” means sounds or visual images —(a)

broadcast by wireless telegraphy, or by means of a high frequency distribution system over wire or other paths provided by a material substance, and intended for general reception;

(b)

broadcast through the Internet or any website, web service or Internet application, whether or not intended for general reception; or

(c)

broadcast through any messaging system;

“messaging system” means any system that enables the transmission of short text messages, or of any visual communication, voice communication or email —(a)

from a digital mobile telephone to another digital mobile telephone; or

(b)

from an email address to a digital mobile telephone, or the other way around;

“protected person” means an individual in respect of whom an adoption application was or has been made;

“publish”, in relation to any information or picture, means to bring the information or picture to the notice of the public or a section of the public by any means, including (to avoid doubt) through —(a)

the Internet or any website, web service or Internet application; or

(b)

any messaging system.