§ 49 — Order to remove publication or broadcast in contravention of section 48

49.—(1) A court may, on the application of any of the persons mentioned in subsection (2), order a person to do any or more of the following:(a)

remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 48(1);

(b)

remove the programme in which the information or picture that is broadcast in contravention of section 48(1) is broadcast;

(c)

delete the information or picture that is published or broadcast in contravention of section 48(1);

(d)

take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of section 48(1) is no longer available on or through the Internet.

(2) For the purposes of subsection (1), the persons are as follows:(a)

the Guardian-in-Adoption;

(b)

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;

(c)

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

(d)

a protected person who has attained 21 years of age.

(3) The court may make an order under subsection (1) even if —(a)

the application is not served on the person against whom the order is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or

(b)

when the application has been served on the respondent — the respondent does not appear at the hearing of the application,

if the court is satisfied, on a balance of probabilities, that the protection of the privacy of the protected person that will be achieved by making the order outweighs the potential detriment to the respondent by not being heard.

(4) To avoid doubt, the court may make an order under subsection (1) regardless of whether the respondent or any other person has been convicted of an offence under section 48(4) in relation to the information or picture mentioned in subsection (1).

—(1) A court may, on the application of any of the persons mentioned in subsection (2), order a person to do any or more of the following:(a)

remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 48(1);

(b)

remove the programme in which the information or picture that is broadcast in contravention of section 48(1) is broadcast;

(c)

delete the information or picture that is published or broadcast in contravention of section 48(1);

(d)

take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of section 48(1) is no longer available on or through the Internet.

(2) For the purposes of subsection (1), the persons are as follows:(a)

the Guardian-in-Adoption;

(b)

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;

(c)

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

(d)

a protected person who has attained 21 years of age.

(3) The court may make an order under subsection (1) even if —(a)

the application is not served on the person against whom the order is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or

(b)

when the application has been served on the respondent — the respondent does not appear at the hearing of the application,

if the court is satisfied, on a balance of probabilities, that the protection of the privacy of the protected person that will be achieved by making the order outweighs the potential detriment to the respondent by not being heard.

(4) To avoid doubt, the court may make an order under subsection (1) regardless of whether the respondent or any other person has been convicted of an offence under section 48(4) in relation to the information or picture mentioned in subsection (1).