A Tory MP arrested on suspicion of rape has not been identified by the media or Parliament yet.
Reports on Tuesday revealed that the serving MP, a man in his 50s, had been arrested and bailed on suspicion of rape, sexual assault, indecent assault, abuse of position of trust and misconduct in a public office.
The arrest comes after a string of privacy-related rulings that have changed how the media treat public figures under suspicion of a crime. It was previously customary to name suspects after arrest when there was a clear public interest in doing so.
However, in February 2022, the UK Supreme Court ruled that a person under criminal investigation cannot be named by the media before being charged.
The ruling relates to a report in 2016 in which Bloomberg named a businessman at a large public company under investigation by a UK regulator over involvement in bribery and corruption in a foreign country.
The executive later sued the news outlet for misuse of private information, and was granted an injunction and damages of £25,000 in an initial ruling later upheld by the Court of Appeal, which found that a person under investigation usually has “a reasonable and objectively founded expectation of privacy” over the fact they are a subject of an investigation.
Read more: Tory MP released on bail following arrest on suspicion of rape
It is the latest to reinforce the 2018 Cliff Richard versus BBC case, which found that the broadcaster’s “somewhat sensationalist” reporting on a police raid of the singer's home in 2014 was a “serious invasion” of his privacy.
The BBC was ordered to pay £210,000 in damages and agreed to cover the star’s legal costs in a settlement that cost the broadcaster around £2m.
Richard was never arrested or charged.
Media law expert David Banks tweeted on Tuesday night: “Recent privacy cases mean most newspapers, broadcasters and mainstream online titles will not name unless he is charged.”
Banks added: “In some circumstances the identity of an accused person can lead to the identity of a complainant. Normal media practice is to blur any links between them, but great care is needed to do this effectively.”
Just to clear up any confusion re the MP arrest, contempt of court law does not prevent you naming him, so long as you are careful not to imply guilt.
— David Banks (@DBanksy) May 17, 2022
HOWEVER
Recent privacy cases mean most newspapers, broadcasters and mainstream online titles will not name unless he is charged
It has also been reported that Conservative whips feared naming the man could also lead to the identification of the alleged victim or victims.
Anyone who makes an allegation of a sexual offence is entitled to automatic anonymity. Media organisations must be careful to avoid jigsaw identification by, between them, publishing different identifiers of the alleged victim or any relationship with the accused.
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