contempt Flashcards
part two
what is a defence publishers may be able to use in a potential contempt of court?
section 3 defence
what does the section 3 defence state?
if they have taken all reasonable care, did not know and had no reason to suspect that proceedings were active
-journalists must prove reasonable care was taken
-it means a journalist must prove they have checked with the necessary court/authority before the deadline
-keep a note of who you spoken, the time and what they said so you can prove you took reasonable care
what is another defence?
section 4 defence-court reporting
what is the section 4 defence?
section 4 says a reporter can not be in breach of contempt if their news report of the court report
-hearing was held in public, fair and accurate, published in good faith and published contemperaneously
what does section 4 defence not protect
it does not protect reports that’s hearings and help privately or inaccurate reports
what is a section 11 order?
-courts have the power to ban publication of a name or matter if deemed necessary, it should only be done if the administration of justice would be frustrated or rendered impracticle
- intended to prevent victims of blackmail or those involved in national security being revealed or a person involved at risk of real harm
what happens when there is a misuse of a section 11 order?
reporters can appeal against such misuse, as defendants shouldn’t have a court 11 order for their comfort or feelings
what are the rules around recording in court?
-under section 9 of the 1981 act it is a contempt of court to bring in act recording devices with intent of broadcasting without the courts permission
-this is to ensure the administration of justice isn’t undermined
-the court can allow permission but there needs to be reasonable need for this
what happens if a journalist records in court without permission?
could be jailed for up to two years or an unlimited fine
what is a relevant case study
a mail on sunday reporter got jailed, fined and suspended for bringing a mobile phone into court
what does section 41 of the criminal of justice act bans?
-sketching of anyone involved in court
-people entering or leaving court
- this includes the courts annexes
what is the court sketching exception?
the sketching is allowed if its from memory and there is no objection for the sketch to be done in a court house press room
are accredited journalists allowed to tweet in court?
yes, accredited journalists are allowed to post live updates without permission
devices must be “silent and unobtrusive” and a court can decide at any time to ban the use of these devices.
