Is a link a publication?

“26. Ms Root will be aware, as I am sure she will have been advised, this nine-month sentence imposed by the court is a sentence that has been brought about entirely by her own actions. It will be open to her to be able to apply back to this court at any time during the currency of that sentence to purge her contempt. I hope Ms Root will reflect on what has taken place and think carefully about whether in fact the first step to her restoring any kind of relationship with her children will be if there is any change in her behaviour; namely for her to stop putting material that is personal and distressing to them on the internet in breach of the court orders. If that step was taken, there may be some prospect of her restoring her relationship with her children. Without Ms Root taking that step, which she would easily do and is within her control, what she seeks to achieve, namely some kind of relationship with her children, is likely to remain unfulfilled.”

“Socialists seem to think George Orwell’s 1984 is a suggestion, or at least are unashamed of mimicking the methods of the totalitarian state Orwell depicted. Libertarians know it to be a warning, and a government that micro-manages all aspects of humanity an intolerable reality.” ― A.E. Samaan


In the case of Medway Council v Root 2019, a mother was found to be in contempt of Court orders prohibiting her from publishing certain items about the care proceedings and her children, and having previously been given suspended sentences for earlier breaches, was given a nine month custodial sentence.

The eldest child had written to the Court expressing unhappiness as to the information the mother was placing about them and the siblings on the internet.

The point of law arose on one alleged breach – the judgments are published and on Bailii and anonymised.

The Reporting Restriction Order said this:-

AND it is permissible to publish the [five judgments of 17/07/2017, 18/07/2017, 30/08/2017, 15/03/2018 and 11/05/2018] save that the judgments are not to be published:

in conjunction with any other material that names the children or identifies them by photograph or any other image; or

on any online page…

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