Contempt of Court 1981

Question 1

What is the strict liability rule?

Answer 1

Under Section 1 of the act, journalists can be in contempt REGARDLESS OF INTENT, if they create substantial risk of serious prejudice or impediment to proceedings when proceedings are active.

Question 2

What year is the Contempt Act?

Answer 2

1981

Question 3

What can you report when proceedings are active?

Answer 3

Someone has been arrested and charged
Crime committed
Name/identity of accused
Common ground material (details of injuries)
Identity of victim, unless sexual offence

Question 4

What should you NOT report when proceedings are active?

Answer 4

Details suggesting guilt
Details suggesting bad character
Previous convictions
A witness account of the crime
Descriptions, pictures and any other prejudicial material reported before proceedings were active must be blocked

Question 5

What is the fade factor?

Answer 5

The idea that a media report is less likely to affect potential jurors the longer the time frame between publication and case hearing. It does not apply to prejudicial material published before active proceedings.

Question 6

What is common law contempt?

Answer 6

When a report creates a substantial risk of serious prejudice or impediment to proceedings that are imminent or pending. Intent must be proven.

Question 7

What is the purpose of the Contempt Act?

Answer 7

To protect substantial risk or serious prejudice or impediment to proceedings

Question 8

How can a social media site be in contempt?

Answer 8

The comment sections can threaten the right to a fair trial.

Question 9

What is the section 3 defence?

Answer 9

Publisher did not know or suspect proceedings were active, and evidences they took reasonable care to check. The onus is on the reporter to check, and they must provide evidence of the date/time and name of the officer.

Question 10

What is the section 4 defence?

Answer 10

Protects the reporting of court proceedings if it is fair, accurate, contemporaneous and in good faith.

Question 11

What is the section 5 defence?

Answer 11

Protects the reporting of general issues, or a discussion of public affairs, where the risk of prejudice is incidental to the wider discussion, or in the public interest.

Question 12

When can a reporter use photos or descriptions provided by police, in spite of strict liability?

Answer 12

Attorney General says media have nothing to fear from reporting a police media appeal to assist in tracing a wanted suspect.

Question 13

What is a Section 4.2 order?

Answer 13

Postponement of reporting a trial to prevent substantial risk of serious prejudice or impediment to proceedings, for as long as a court deems necessary.This is for the effective administration of justice. To be effective, it must be imposed at the start of proceedings.

Question 14

When can a section 4.2 be challenged?

Answer 14

If it does not achieve its intended purpose.
You may still be liable for wasted costs if the trial is abandoned.

Question 15

Name the 3 defences against the contempt of court act, and state their purpose

Answer 15

Section 3 - did not know or suspect
Section 4 - fair, accurate, contemporaneous, in good faith
Section 5 - prejudice incidental to wider discussion

Question 16

What is a Section 11 order?

Answer 16

Banning order on the details of a case to allow effective administration of justice
includes name and address of either defendant or witness
Must be served only if there is a real and immediate threat to safety of the applicant.
It must be imposed at the start of proceedings -

Question 17

When can a Section 11 order be challenged?

Answer 17

If there is no evidence of real or immediate threat. If the order is not imposed at the beginning of proceedings (so cannot achieve its purpose).

Question 18

What is detailed in Section 9 (Contempt)?

Answer 18

Bans audio recording in courts, including inquests. Live blogging and tweeting is allowed - no prior permission needed

Question 19

When can Section 9 (contempt) be challenged?

Answer 19

It cannot, unless consent is given.

Question 20

What is detailed in Section 10? (contempt)

Answer 20

Recognises the right to protect sources who provide confidential information

Question 21

When can Section 10 be challenged? (contempt)

Answer 21

Sources should be revealed if it is a matter of national security, in the interest of justice, or preventing crime.

Clause 14 of the Editor’s Code says journalists have a moral obligation to protect sources

Question 22

How can a journalist protect a confidential source?

Answer 22

Use pay-as-you-go phone, keep secure what is recorded, avoid email contact, ensure payment records don’t name the source, be aware of location tracking.

Question 23

What is detailed in the Police and Criminal Evidence Act?

Answer 23

Journalistic material should be given special protection from seizure and apply to a judge.
Journalists can make representations. Judge must be satisfied that a serious offence was committed, evidence is admissible at trial, it would be of substantial value, and disclosure would be of public interest.

Question 24

What are sections 9 and 10 of the Contempt Act?

Answer 24

9 - bans audio recording
10 - right to protect sources unless national security, serving justice, preventing crime

Question 25

What does the Contempt Act say about recording in a public place?

Answer 25

There is no law preventing taking pictures in a public place.

Question 26

What does the College of Policing Guidance say about public recording and protests?

Answer 26

Police can only seize a recording device if they suspect it has evidence of a crime. They cant prevent filming in public, and have no power to delete material. They should provide a suitable vantage point for media to cover protests.

Question 27

What does Common Law say about confidentiality of sources?

Answer 27

Protects confidentiality of information such as the contents of documents. There must be a quality of confidence, obligation of confidence, and detriment has been caused. There is a public interest defence. Can be awarded damages, or an injunction can be served. There is a public interest defence.

Question 28

What is an example of contempt in the media (case study)?

Answer 28

Chris Jeffries falsely accused of murdering Joanna Yates - sun fined 50k and mirror £18k for stories published after arrest. Prejudicial to potential jury, and impediment to proceedings affecting how witnesses would give evidence.