CONTEMPT DEFENCES Flashcards
SECTION 3 CONTEMPT OF COURT ACT 1981
Offers defence for strict liability rule
If person responsible for publication, having taken all reasonable care did not know and had no reason to suspect when the material was published, that relevant proceedings were active
A reporter/publisher must be able to show that they
checked at the appropriate time.
If a police or police press office or court spokesman
says a case is not active, a reporter should make a
notebook entry of the time and date and individual
they spoke to and what they said.
ATTORNEY GENERAL
Attorney General said in 1981 while the COCA 1981 bill was being discussed:
The press has nothing to fear from publishing in reasoned terms [i.e you haven’t gone overboard], anything which may assist in the apprehension of a wanted man and I hope that it will continue to perform this public service
No known case of media organisation being held in contempt of court for publishing this way
SECTION 5 CONTEMPT OF COURT ACT 1981
Publication made as, or as part of, a discussion in good faith of public affairs will not be treated as contempt of court.
For instance, if you publish an article not discussing a case but discussing a topic that aligns with the case.
SECTION 4 CONTEMPT OF COURT ACT 1981
Sometimes reporting on a case can affect later cases which are linked, such as if several defendants are to be tried in a series of trials.
Section 4 Gives the media a defence for a report of a hearing held in public if:
- It is fair and accurate
- It is published contemporaneously i.e. as soon as possible, e.g. next days paper
- It is in ‘good faith’ – so not publishing it to affect the other trials
- Judge may be aware of this and put a section 4(2) order on.
FADE FACTOR
Defence recognises that a lot of time can pass before jury is selected, and public will probably have forgotten details in early reports of the crime.
The ‘fade factor’ defence doesn’t apply to anything
published shortly before a trial or once it has started.
Fade factor also doesn’t apply to material online.
Access to it must be removed for the duration of the
trial
