Defences

Question 1

What is the defense Innocent publication contempt of court ?

Answer 1

The publisher of any contempt information will not be guilty of contempt if, ‘having taken all reasonable care, he/she does not know and has no reason to suspect that proceedings are active.’

The burden of proving this defence lies on the publisher of the information. Mcinnes (2010), Scots Law for Journalists, p. 188.

Question 2

What is the defence in Public interest?

contempt

Answer 2

If a publication is part of a discussion in good faith over public affairs or other matters of general public interest it will not be found to be contempt of court. If the publication or report is a genuine discussion of a matter of public interest and the prejudice was merely incidental to that discussion then there will be no contempt of court.

Question 3

What are the three key aspects of fair and accurate reporting?

Answer 3

Held in public, Published contemporaneously, Published in good faith

These aspects are essential for ensuring that reporting is considered fair and accurate.

Question 4

What are the defences for contempt of court?

Answer 4

• Innocent publication.
• Public interest.
• Fair and accurate reporting-