Media Law: 8 General reporting restrictions Flashcards Preview

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Flashcards in Media Law: 8 General reporting restrictions Deck (24):

orders restricting reporting under CCA 1981

- s4(2) order (temporary)
- s11 order (permanent)


where can orders be used?

- any criminal or civil court
- coroner's court
- some (but not all) tribunals


s4(2) orders (general details)

- POSTPONE reporting on whole/part of proceedings
- must be substantial risk of prejudice
- can be applied for started, pending or innocent proceedings


circumstances in which s4(2) orders almost always used

- proceedings not in front of jury
- when material risks prejudicing other imminent/pending cases
- defendant acquitted, but court predict a new trial


Marvin Dawkins (2004)

- Romeo from So Solid Crew
- wanted reporting postponed due to female fan harassment
- court overturned s11, didn't order s4(2)


R v Burrell (2004)

- Burrell accused of raping civil servant
- complainant wanted publication post-poned because her co-workers knew the case
- s4(2) NOT granted
- complainant became ill, verdict reached NOT GUILTY


teenagers attacking boy with hammer (2008)

- Swindon Advertiser reported day-by-day first trial
- s4(2) during jury deliberation extended to second trial
- press argued this was pointless because jury were told first verdict in second trial


MGN Pension Trustees Ltd v Bank of America National Trust and Saving Association and Credit Suisse (1995)

- pension funds of Robert Maxwell companies
- decided risk of prejudice NOT severe enough


David Chick (2004)

- Fathers4Justice 'spiderman'
- ruled that it didn't matter if jury remembered news reportage, hearing details in court would remind them too


Re Bardot (2006)

- Dhiren Bardot accused of failed London bombings
- lawyers argued publicity would ruin upcoming cases of other similar clients
- s4(2) order overturned


where/when can't s4(2) orders be used?

- when case isn't active/pending/imminent (usually someone must be charged)
- outside the courts


how long are s4(2) orders

- usually to end of trial / other affected trials
- court has power to extend
- JSB guidelines (2009) said shouldn't be indefinite


previous cases considering public interest

- Plymouth Evening Herald cocaine ring story (2006)
- police officer chasing press photographer (2007)


limits of s4(2) orders

- material not admitted into evidence
- material not prejudicial to proceedings
- material already in public domain


when will s11 orders be invalid

- when there is no previous legal provision to implement them
- if details already disclosed in open court


exception to open court rule

- when info disclosed accidentally
- Bush/Blair letter (2007)


what is ban not there to protect?

- embarrassment
- professional reputation
- defendant's children


exceptions to these rules

- witnesses unlikely to give evidence if not anonymous
- victims unlikely to come forward if identified
- very vulnerable people with potential of mental harm
- giving medical evidence of personal nature


what most important legislation is considered regarding anonymity?

- Article 2 of HRA (right to life)


giving notice of s4(2) and s11 orders

- info put in writing (purpose, what it covers, when it ceases)
- press should be notified
- court staff should be willing to answer queries


challenging s11 orders

- court should allow press representations where possible
- when urgent, make temporary orders then invite press for representations


finding out whether an order is in place

- should be posted in court complex
- if not posted, still press's responsibility to find out


anonymity orders

- ordered in High Court
- can order in injunction when 'convenient to do so'
- carries on to Court of Appeal and Supreme Court (unless they specifically lift them)
- increasingly used by parties claiming privacy (Art 8 HRA) affected
- 2010 Supreme Court ruled against over use


High Court's powers

- known as 'inherent jurisdiction'
- used when person's welfare/interests could be damaged if named
- can ban actual gathering of news on case
- applies to both adults and children (wards or not)
- can extend to County Courts
- Appeal and Supreme have similar powers