Contempt Flashcards
What is scandalising contempt?
Scandalising court by intentionally publishing things that
- question impartiality of court
- risk of public confidence in court
What must D intend for scandalising contemtp?
to pubish material
Fair criticism is..? what is it not?
a consideration whether a claim had rational basis
not a formal defence
what was scandalising contempt before 2016?
material that poses a real risk of undermining public confidence
what is scandalising contempt now?
lowered bar: material that poses a risk of undermining public confidence
compare scandalising contempt in countries
UK abolished, US rare, SG active
What are common kinds of contempt in court?
- disobeying court order
- unauthorised recordings in court
- contempt in face of court
- witness intimidation
what can disobeying court order be?
disobeying an injunction to take down defamation
what recordings are not allowed in
unauthorised audio and video. differs from jurisdictions
What is contempt in face of court
insulting, interrupting or obstructing judge of court
What is witness intimidation/tampering
interfering person’s ability to appear in court as a party, witness, advocate or judge, by intimidation or otherwise
What is sub judice
publishes matter that
- prejudges
- poses risk of prejudice
What is the broad category of contempt
obstruction of administration of justice, does nay other act that interferes with or poses real risk of interference
What are the defences to contempt?
- innocent dissemination
- -> those who disseminate contempt and have not without duty to be responsible for it/know of content - privilege
- -> not contempt to publish fair and accurate reports, made in good faith
- -> court or parliament
When was innocent dissemination enacted as a defence to contempt?
2016
