Section 3 allows judges to waive anonymity on application from defendants and appellants if this is needed to help witnesses come forward or to avoid prejudicing their case, or if it is in the public interest.

[4] Convictions under the Act, generally resulting in fines, occur with some frequency, especially in high-profile cases where members of the public less familiar with the law than the press or broadcast media name accusers on social media,[5] though charges are also brought against professional journalists.

[6][3] In some cases, such as where abuse has taken place within a family, the media may be unable to report the name of the offender, because this combined with details of the offence may indirectly reveal the identity of the victim.

[3] While the 1992 Act does apply in Scotland, prohibiting Scottish publishers from identifying complainants in sexual offence prosecutions which take place in England, Wales or Northern Ireland, it does not apply to sexual offence prosecutions which take in Scottish courts.

[7] While there is a media convention that Scottish complainers are not identified, doing so is not currently prohibited by law unless an order is made imposing reporting restrictions under section 11 of the Contempt of Court Act 1981.