Legal challenge to new law which could stop media in Northern Ireland naming sex offence suspects such as Jimmy Savile

​Media groups have joined forces to take legal action against the legislation which prohibits the naming of alleged perpetrators before they are charged or until 25 years after their death.

The Irish News and the publishers of the Belfast Telegraph and Sunday Life are seeking a judicial review of relevant sections of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022.

In court today, Mr Justice Humphreys indicated that he wanted the case heard before Easter. He said: “This is an important piece of legislation and I would like to give it some priority over the next number of weeks.”

The new law was introduced following a review of procedures in serious sex offence cases carried out by retired judge Sir John Gillen.

Although he recommended a prohibition on identifying those under investigation for sexual crimes prior to being charged, his report did not suggest extending anonymity beyond their deaths.

The new law passed by the devolved Stormont Assembly in 2022 sets Northern Ireland apart from the rest of the United Kingdom and the Republic of Ireland.

Lawyers representing the Irish News and Mediahuis, which also publishes the Sunday World, Sunday Independent and the Irish Independent, claim the legislation is incompatible with the European Convention on Human Rights.

A separate legal action against the lifetime anonymity clause is also being taken on behalf of Times Media Ltd and other London-based organisations. Concerns have been expressed that it could prevent the exposure of notorious offenders such as Jimmy Savile and also risks silencing victims.

Referring to affidavits from senior journalists, the judge said they contained “valuable evidence” from those involved in investigatory reporting and the wider debate about the anonymity issues.

With similar points raised in both cases, counsel for the Irish News and Mediahuis suggested dealing with that challenge first.

David Dunlop KC, instructed by solicitor Fergal McGoldrick, told the court: “All of the parties would be keen to have their interests properly represented.”

It was also confirmed that the Department of Justice will contest the merits of the legal challenges.

Tony McGleenan KC, representing the Department, said: “Leave (to seek a judicial review) is opposed. This should be a contested hearing.”

Adjourning the cases to next month, Mr Justice Humphreys told the parties: “I would certainly like to move to a hearing, whatever format I decide it should ultimately take, this side of Easter.

“That is a realistic target we should aim for.”