A view of a sign at Greenwich Magistrates Court is pictured in south-east London, on July 10, 2008. Photo: Getty Images
Show Hide image

Magistrates should be stripped of their powers to restrict court reporting

Coverage of our courts is being censored - because magistrates are too quick to impose unnecessary reporting restrictions. In the interests of open justice, this has to stop.

 

Twelve years ago prison governors asked for magistrates courts to be stripped of their powers of imprisonment.

The prison population had soared to 70,000 and there was no more room - it was a crisis. (The number of people in jail today is 85,902, but relax! We’ve built more prisons to house the highest per capita prison population in Europe.)

Today I would like to propose another curb on magistrates’ powers. They need to be stripped of the ability to interfere with the reporting of the courts, because, to put it bluntly, many of them have not got the first idea of what they are doing.

Courts have various ways in which they can limit the reports that come out of their court. These are separate to the anonymity for victims of sexual offences and children in youth court, which is automatically applied by law and has nothing to do with a court order.

However, all courts - Magistrates, Crown and upwards - are given statutory powers to limit reports in various circumstances.

If a child is involved in an adult case, as a witness for example, they can place a so-called Section 39 order on that child making them anonymous.

If the court feels a detail from the proceedings might prejudice a trial it can make an order postponing reporting of it - a Section 4 order under the Contempt of Court Act 1981. Or if there are fears for national security, a complete ban can be issued under Section 11 of the 1981 Act.

The problem is that when it comes to interpreting the law concerning open reporting of the courts, magistrates and (sad to say) sometimes judges seem to be acting on a whim.

Recently I have seen the following:

  • A court unlawfully place a Section 39 anonymity order on the children of a woman accused of murder, even though they were not involved in the proceedings in any way and therefore could not in law be the subject of such an order
  • A court consider refusing to allow a sexual offence victim to waive her anonymity, even though in law she could do so and the court had no power to stop her - and to do so would be a violation of her Article 10 right to freedom of speech
  • A magistrate refuse to give her name to reporters covering a case, in contradiction of a ruling made in R v Felixstowe Magistates saying that they must give their names to the media so they can properly and openly report the proceedings
  • A section 39 order placed to anonymise a child who was dead, and who would therefore, obviously, play no part in the proceedings whatsoever

It may be that the magistrates concerned have not been given training in this aspect of the law - although their powers, and the restrictions on them, are very clearly set out in the booklet Reporting Restrictions in the Magistrates Court by the Judicial Studies Board, copies of which should be available in every court, and if not are easily obtained online.

It is also possible that they have received guidance, but are persuaded too easily by lawyers representing a defendant, to make an order which curtails reporting unnecessarily.

Either way these orders can severely hamper the open reporting of the courts and as so often has been stated in the past, justice unreported is no justice at all.

So these powers should be removed from lay magistrates and placed instead in the hands of a district judge or higher, so that proper legal argument can take place.

This would still not be perfect – district judges and those in crown court are capable of making daft orders on occasion, but are generally more open to persuasion otherwise if they can be shown case law or statute contradicting them.

The courts are woefully under-reported these days and they should be making every effort to be more open and accommodating to those who would inform the public of what goes on there. Making unlawful orders that close down coverage does nothing to help.

Photo: ASA
Show Hide image

Harmful gender stereotypes in ads have real impact – so we're challenging them

The ASA must make sure future generations don't recoil at our commercials.

July’s been quite the month for gender in the news. From Jodie Whittaker’s casting in Doctor Who, to trains “so simple even women can drive them”, to how much the Beeb pays its female talent, gender issues have dominated. 

You might think it was an appropriate time for the Advertising Standards Authority (ASA) to launch our own contribution to the debate, Depictions, Perceptions and Harm: a report on gender stereotypes in advertising, the result of more than a year’s careful scrutiny of the evidence base.

Our report makes the case that, while most ads (and the businesses behind them) are getting it right when it comes to avoiding damaging gender stereotypes, the evidence suggests that some could do with reigning it in a little. Specifically, it argues that some ads can contribute to real world harms in the way they portray gender roles and characteristics.

We’re not talking here about ads that show a woman doing the cleaning or a man the DIY. It would be most odd if advertisers couldn’t depict a woman doing the family shop or a man mowing the lawn. Ads cannot be divorced from reality.

What we’re talking about is ads that go significantly further by, for example, suggesting through their content and context that it’s a mum’s sole duty to tidy up after her family, who’ve just trashed the house. Or that an activity or career is inappropriate for a girl because it’s the preserve of men. Or that boys are not “proper” boys if they’re not strong and stoical. Or that men are hopeless at simple parental or household tasks because they’re, well...men.

Advertising is only a small contributor to gender stereotyping, but a contributor it is. And there’s ever greater recognition of the harms that can result from gender stereotyping. Put simply, gender stereotypes can lead us to have a narrower sense of ourselves – how we can behave, who we can be, the opportunities we can take, the decisions we can make. And they can lead other people to have a narrower sense of us too. 

That can affect individuals, whatever their gender. It can affect the economy: we have a shortage of engineers in this country, in part, says the UK’s National Academy of Engineering, because many women don’t see it as a career for them. And it can affect our society as a whole.

Many businesses get this already. A few weeks ago, UN Women and Unilever announced the global launch of Unstereotype Alliance, with some of the world’s biggest companies, including Proctor & Gamble, Mars, Diageo, Facebook and Google signing up. Advertising agencies like JWT and UM have very recently published their own research, further shining the spotlight on gender stereotyping in advertising. 

At the ASA, we see our UK work as a complement to an increasingly global response to the issue. And we’re doing it with broad support from the UK advertising industry: the Committees of Advertising Practice (CAP) – the industry bodies which author the UK Advertising Codes that we administer – have been very closely involved in our work and will now flesh out the standards we need to help advertisers stay on the right side of the line.

Needless to say, our report has attracted a fair amount of comment. And commentators have made some interesting and important arguments. Take my “ads cannot be divorced from reality” point above. Clearly we – the UK advertising regulator - must take into account the way things are, but what should we do if, for example, an ad is reflecting a part of society as it is now, but that part is not fair and equal? 

The ad might simply be mirroring the way things are, but at a time when many people in our society, including through public policy and equality laws, are trying to mould it into something different. If we reign in the more extreme examples, are we being social engineers? Or are we simply taking a small step in redressing the imbalance in a society where the drip, drip, drip of gender stereotyping over many years has, itself, been social engineering. And social engineering which, ironically, has left us with too few engineers.

Read more: Why new rules on gender stereotyping in ads benefit men, too

The report gave news outlets a chance to run plenty of well-known ads from yesteryear. Fairy Liquid, Shake 'n' Vac and some real “even a woman can open it”-type horrors from decades ago. For some, that was an opportunity to make the point that ads really were sexist back then, but everything’s fine on the gender stereotyping front today. That argument shows a real lack of imagination. 

History has not stopped. If we’re looking back at ads of 50 years ago and marvelling at how we thought they were OK back then, despite knowing they were products of their time, won’t our children and grandchildren be doing exactly the same thing in 50 years’ time? What “norms” now will seem antiquated and unpleasant in the future? We think the evidence points to some portrayals of gender roles and characteristics being precisely such norms, excused by some today on the basis that that’s just the way it is.

Our report signals that change is coming. CAP will now work on the standards so we can pin down the rules and official guidance. We don’t want to catch advertisers out, so we and CAP will work hard to provide as much advice and training as we can, so they can get their ads right in the first place. And from next year, we at the ASA will make sure those standards are followed, taking care that our regulation is balanced and wholly respectful of the public’s desire to continue to see creative ads that are relevant, entertaining and informative. 

You won’t see a sea-change in the ads that appear, but we hope to smooth some of the rougher edges. This is a small but important step in making sure modern society is better represented in ads.

Guy Parker is CEO of the ASA