Clause 50

A person must not, without the Director‑General’s approval, publish or broadcast —

any information or picture that identifies, or is likely to lead to the identification of any child or young person as a child or young person who —

had been or is the subject of any investigation under this Act;

had been or is arrested on or after the date of commencement of section 50 of the Children and Young Persons (Amendment) Act 2019, for an offence committed under any written law;

had been or is taken into care or custody by the Director‑General, a protector, any officer generally or specially authorised in that behalf in writing by the Director‑General or a protector or a police officer under this Act;

had attended or is attending a family programme in relation to an application to be made under section 50; or

was or is the subject of an order made by a court under this Act; or

any information or picture mentioned in paragraph (a) even after the child or young person attains 18 years of age (called in this section the protected person).(2) A court may —

on the application made by the Director‑General or a protector, order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 27A(1) as in force immediately before the date of commencement of section 50 of the Children and Young Persons (Amendment) Act 2019 or subsection (1)(a); or

on the application made by the protected person, order a person to remove the publication, or stop the broadcast, of any information or picture that is published or broadcast in contravention of subsection (1)(b).(3) The court may make an order under subsection (2) even if —

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

where the application has been served on the respondent, the respondent does not appear at the hearing of the application,so long as the court is satisfied, on a balance of probabilities, that the order is necessary for the protection and safety of the child or young person concerned or the protected person, as the case may be.(4) If any information or picture is published or broadcast in contravention of subsection (1)(a) or (b) —

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;

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

in the case of the broadcast of any information or picture, every person who transmits or provides the programme in which the information or picture is broadcast, and every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,shall jointly be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.(5) A court may, in addition to any punishment mentioned in subsection (4), order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of subsection (1)(a) or (b).(6) Where any proceeding is pending before a court as at the date of commencement of section 50 of the Children and Young Persons (Amendment) Act 2019 for a contravention of section 27A(1) as in force immediately before that date (called in this subsection the unamended Act), the court may, in addition to any punishment mentioned in section 27A(2) of the unamended Act, order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 27A(1) of the unamended Act.(7) In this section, “broadcast” and “publish” have the same meanings as in section 84B(9).Restriction on publication of information relating to proceedings involving children and young persons84B.—

Subject to subsection (2), a person must not —

publish or broadcast any information relating to any proceedings in any court or on appeal from any court that reveals the name, address or school or that includes any particulars that are calculated to lead to the identification of any child or young person concerned in the proceedings, either as being the person against or in respect of whom the proceedings are taken or as being a witness therein; (b)publish or broadcast any picture as being or including a picture of any child or young person so concerned in any such proceedings; or

publish or broadcast any information or picture mentioned in paragraph (a) or (b) even after the child or young person attains 18 years of age (called in this section the protected person).(2) A court may, if satisfied that it is in the interests of justice to do so, by order dispense with the requirements of subsection (1) to such extent as may be specified in the order.(3) A court may —

on the application made by the Director‑General or a protector, order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of —

section 35(1)(a) or (b) as in force immediately before the date of commencement of section 50 of the Children and Young Persons (Amendment) Act 2019; or

subsection (1)(a) or (b) on or after that date; or

on the application made by the protected person, order a person to remove the publication, or stop the broadcast, of any information or picture that is published or broadcast in contravention of subsection (1)(c).(4) The court may make an order under subsection (3) even if —

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

where the application has been served on the respondent, the respondent does not appear at the hearing of the application,so long as the court is satisfied, on a balance of probabilities, that the order is necessary for the protection and safety of the child or young person concerned or the protected person, as the case may be.(5) If any information or picture is published or broadcast in contravention of subsection (1) —

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;

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

in the case of the broadcast of any information or picture, every person who transmits or provides the programme in which the information or picture is broadcast, and every person having functions in relation to the programme corresponding to those of the editor of a newspaper or periodical publication,shall jointly be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.(6) A court may, in addition to any punishment mentioned in subsection (5), order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of subsection (1)(a), (b) or (c).(7) Where any proceeding is pending before a court as at the date of commencement of section 50 of the Children and Young Persons (Amendment) Act 2019 for a contravention of section 35(1)(a) or (b) as in force immediately before that date (called in this subsection the unamended Act), the court may, in addition to any punishment mentioned in section 35(3) of the unamended Act, order a person to remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 35(1)(a) or (b) of the unamended Act.(8) 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.(9) In this section —“broadcast” means sounds or visual images —

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;

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

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 electronic mail —

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

from an electronic mail address to a digital mobile telephone, and the other way around;“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 —

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

any messaging system.”.