Unless the accused consents, it is an offence to publish the identity of a person charged (or about to be charged) with a sexual offence before their first appearance in a court (whether personally or by legal representation) in relation to the charge is concluded [Evidence Act 1929 (SA) s 71A]. The maximum penalty is a fine of $10,000 for an individual and $120,000 for a corporation.

Before the accused's first appearance, a police officer (or any other person acting in an official capacity who is responsible for conducting the criminal investigation) must ensure that all reasonable steps are made to notify the alleged victim of the possibility of the accused person's name being published after this time [s 71A(2a)].

The identity of an alleged victim may only be published with the victim's consent or a judge's authorisation [s 71A(4)]. This operates to prohibit the publication of any statement or representation from which the alleged victim's identity might reasonably be inferred. In some cases, this will prohibit publication of the accused person's name, if their identity might identify the alleged victim. Consent to publication cannot be given where the alleged victim is a child. The maximum penalty for this offence is also a fine of $10,000 for an individual and $120,000 for a corporation.