McNae's Essential Law for Journalists: Chapter 12: Court reporting - other restrictions Flashcards
What can reporting restrictions dictate?
Reporting restrictions can dictate what is published and breaching them is an offence.
What does Section 41 of the Criminal Justice Act 1925 make it illegal to do?
- take or try to any photograph.
- make or try to make any portrait or sketch with a view to publication.
- to publish such a photo, footage, portrait or sketch.
What does this apply to?
Section 41 applies to criminal, civil and family courts, coroners’ courts and any tribunal classed as a court.
Is it illegal to use recording devices in court?
It is illegal to use any audio-recording device in a court without the court’s permission.
What are the exceptions to this rule?
A court has discretion to allow audio-recording including by a journalist for note-taking and to allow the publication of the sound recording.
What is the rule regarding mobile phones in court?
The normal rule is that mobile phones must be turned off in court. Reporters who make or receive calls on mobile phones during court hearings could be punished for contempt because it is disruptive and potentially damaging to the administration of justice.
How are journalists allowed to report on cases on their phones?
Journalists and legal commentators attending courts are allowed to report cases by tweeting, texting or emailing or posting directly on the internet without having to ask the court’s permission.
What about jury’s deliberations?
It is a contempt of court to breach the confidentiality of a jury’s deliberations whether the jury is in a Crown court, an inquest or a civil case.
What about identifying the jury?
A media organisation which identifies a juror against his/her wishes, even after a trial, could be accused of common law contempt.
What else can the court ban the media from doing?
A court can ban the media from reporting a person’s name, or other information, in coverage of a case.
What ae the typical uses of Section 11 uses?
- To protect the identity of victims/alleged victims of blackmail.
- To protect commercially sensitive information or secret processes.
- To protect national security, state secrets.
- To protect a person from the risk of harm.
Do courts sit in private or public?
Courts sit in private with the public and media excluded. The media is automatically banned from publishing what is said in some categories of cases heard by a court in private or in secret.
Recap of major points
- it is illegal to take photographs of, film or sketch people in a court or its precincts.
- It is illegal to make an audio-recording of a court hearing without permission.
- Journalists can tweet, email or text from a courtroom,
- It is illegal to seek to discover, or to publish what a jury discussed.
- Publishing material identifying a juror may be a contempt of court.
