UK Court Reporting Restrictions: Complete Guide for Journalists

What are reporting restrictions?

Reporting restrictions are legal limits on what journalists may publish about court proceedings. The default position in England and Wales is open justice: courts sit in public and what happens in them may be freely reported. But Parliament has created a significant number of exceptions — some automatic, some requiring a court order — that restrict what can be published, who can be identified, or in some cases whether the proceedings themselves can be mentioned.

The main statutory sources are the Contempt of Court Act 1981 (sections 4 and 11), the Youth Justice and Criminal Evidence Act 1999 (section 45), the Children and Young Persons Act 1933 (section 49), the Sexual Offences (Amendment) Act 1992, the Children Act 1989 (section 97), and the Administration of Justice Act 1960 (section 12). Different restrictions apply in different courts and at different stages of proceedings. Automatic restrictions apply without any court order — you are bound by them regardless of whether you knew about them.

When this matters for journalists

• 1You are covering a criminal trial and the defendant faces multiple counts — a co-defendant is being tried separately and a s.4(2) order restricts reporting until the second trial is over.
• 2You are reporting from a magistrates' court and the defendant is a 16-year-old — s.49 CYPA 1933 automatically prohibits identification.
• 3A complainant in a sexual offence case gives evidence in open court — the Sexual Offences (Amendment) Act 1992 means their identity cannot be published regardless of what they say publicly.
• 4You attend a family court hearing under the Transparency Implementation Group pilot — you can report, but only within the terms of the transparency order.
• 5A judge makes a s.11 order withholding a witness's name from publication — publishing the name is contempt even though it was spoken aloud in court.
• 6An inquest is told a coroner has made a section 8 order restricting reporting of material touching national security.
• 7Special measures are in place: a witness gives evidence behind a screen or via video link — you may report the evidence but cannot publish anything that identifies them if a s.45 YJCEA order applies.

Red flags to watch for

• ⚠The court list shows a case listed "in chambers" or "in private" — different rules may apply.
• ⚠A case involves a defendant or victim under 18 at the time of the offence.
• ⚠The charge is a sexual offence under the schedules to the Sexual Offences (Amendment) Act 1992.
• ⚠The judge says at the start of a hearing "there is a reporting restriction in force in this case" — note the exact terms immediately.
• ⚠You see words like "reporting restrictions apply" or "RR" on the court list.
• ⚠A s.4(2) or s.11 notice is displayed outside or inside the courtroom.
• ⚠A linked case is being tried before a different jury — the entire case may be subject to a postponement order.
• ⚠The case involves family proceedings or children named as parties or witnesses.
• ⚠A witness has anonymity as part of special measures, a witness protection order, or a s.46 YJCEA adult witness order.
• ⚠You are covering a terrorism or Official Secrets Act case — additional restrictions may apply without being explicit.

Practical checklist before you file

• Have I checked the court list for any notation indicating a reporting restriction?
• Have I asked the court clerk or usher whether any order is in force in this case?
• If I was present when an order was made, have I noted its exact terms?
• Have I checked whether any defendant or witness is under 18?
• Is the charge a sexual offence that triggers automatic complainant anonymity?
• Have I confirmed whether the case is linked to other active proceedings where a s.4(2) order may apply?
• Have I checked whether a s.11 order withholds any name, address, or other information from publication?
• Am I satisfied that anything I am naming was already lawfully published before I do so?
• Have I run any ID risks past a senior editor or legal adviser before filing?
• Have I documented the basis on which I believe no restriction applies (or what restriction I am working within)?

Common mistakes

• ›Assuming no restriction exists because no explicit order was announced — many restrictions are automatic.
• ›Publishing a name spoken in open court without checking whether a s.11 order withholds it from publication (spoken in court does not mean publishable).
• ›Thinking a social media post you did not write lifts the restriction — it does not.
• ›Failing to check whether the restriction applies to an archived online article, not just new reporting.
• ›Assuming a restriction has lapsed because the main trial ended — linked proceedings may still be active.
• ›Publishing an image that does not name a subject but is sufficient to identify them in conjunction with other published material (jigsaw identification).
• ›Not challenging an overly broad restriction at the hearing — once the moment passes it becomes harder to lift.
• ›Relying on a tip-off that "there's no restriction" rather than checking directly with the court.

Related guides

Primary sources

Frequently asked questions