Media comment Flashcards
(9 cards)
What is the rationale for the BCR rules regarding comments in the media? and what do the rules do?
The rationale for the rules are because
(1) the administration of justice is better served when lawyers are not seen ligating the matter in the media
(2) comments may prejudice a jury pool for current trial, subsequent appeal or retrial, and
(3) counsel risks inadvertently committing unprofessional misconduct by making public comments and disclosure about client’s cases and/or being restrained from acting by the court (see R v MG).
What are the non permitted media publications? (Hint 4 sub rules)
r 75 a barrister must not publish or take steps towards the publication of any material concerning any proceeding which-
(a) is known to the barrister to be inadequate;
(b) disclosures any confidential information; or
(b) appears to or does express an opinion of the barrister on the merits of the current case or potential proceeding other than in the course of genuine academic discussion
What are the permitted media publications?
Hint (a) (four subsections) and (b)(four subsections)
r 76 (a) limited responses to unsolicited questions about current proceeding confined to names of parties, witnesses called, nature of the issues, orders made, reasons given by court, and clients intentions as to further steps in the case
(b) where it is not contrary to legislation, supply copies of pleadings, affidavits filed and already before open court, transcripts of evidence in open court etc basically materials already in open court (Re Keim)
Can a barrister advise clients re media comment ?
r 77 (a) may advise if requested dealings with the media but not in a manner which is calculated to interfere with admin of justice and
(b) advising a client about a published report relating to the case and who ha sought advice about the report that the client may take appropriate steps to present the clients own position for publication.
r 76(a) A barrister may supply answers to unsolicited questions concerning a current proceeding provided that the answers are limited to the following information:- (hint 4)
r76 a barrister may supply answers to unsolicited questions so long as the information is confined to
(a) the names of parties or witness ALREADY called;
(b) the nature of the issues
(c) the nature of orders/judgements and any reasons given by the court
(d) the intentions of the client for nay further steps
r 76(b) What type of material may the barrister publish at the request of the client, instructing solicitor, or in response to unsolicited questions (where it is not contrary to law)?
(i) copies of pleadings filed and served;
(ii) copies of affidavits or witness statements which have tendered in evidence in open court;
(iii) copies of transcripts of evidence given in open court;
(iv) copies of exhibits admitted in open court without restriction on access.
What are the dangers of counsel being instructed to participate in a oral interview with the media?
Counsel should advise of the inherent dangers of making public comments during a oral interview (1) may not be able to answer questions due to confidentially (2)exposure may not benefit the client despite expectations and (3) issues of contempt and defamation.
Owen, a barrister acting for a celebrity in a criminal trial, receives a request from a television network for an on-camera interview. The client wants Owen to go on air and publicly refute the allegations, claiming that doing so will help manage public perception and reduce reputational damage. The trial is due to begin in two weeks, and the matter is receiving widespread media coverage.
Should Owen agree to participate in the media interview?
Answer: Client has instructed me to participate in a oral interview to discuss the proceedings for the purposes of managing public relations.
I would explain to the client managing public relations in the media is not a part of the work of a barrister, however I can provide legal advice on dealings with the media but there are rules regarding this.
The rationale for the rules are because (1) the administration of justice is better served when lawyers are not seen ligating the matter in the media (2) comments may prejudice a jury pool for current trial, subsequent appeal or retrial, and (3) counsel risks inadvertently committing unprofessional misconduct by making public comments and disclosure about client’s cases and/or being restrained from acting by the court (see R v MG).
Counsel should advise of the dangers of making public comments during a oral interview (1) may not be able to answer questions due to confidentially (2)exposure may not benefit the client despite expectations and (3) issues of contempt and defamation arise.
I would advise the client an appropriate step to present his own position may be a written statement which provides greater control over what is said and can be settled by counsel.
