Media Comment Flashcards
Rule 76 Media comment (inaccurate; confidential; opinion on merits)
A barrister must not publish or take any step towards the publication of any material concerning any proceeding which:
(a) is KNOWN to the barrister to be inaccurate,
(b) discloses any confidential information, or
(c) appears to or does express opinion of the barrister on the merits of a current or potential proceeding or on any issue arising in such a proceeding, other than in the course of genuine educational or academic discussion on matters of law
Rule 77 Media comment on briefed proceedings (permitted is answers to basic questions, supplying of pleadings or evidence that’s been read)
A barrister must not publish or take any step towards the publication of any material concerning any current proceeding in which the barrister is appearing or any potential proceeding in which a barrister is likely to appear, other than:
(a) a barrister may supply answers to unsolicited questions concerning a current proceeding provided that the answers are limited to information as to the identity of the parties or of any witness already called, the nature of the issues in the case, the nature of the orders made or judgment given including any reasons given by the court and the client’s intentions as to any further steps in the case, or
(b) a barrister may, where it is not contrary to legislation or court practice and at the request of the client or instructing solicitor or in response to unsolicited questions supply for publication:
(i) copies of pleadings in their current form which have been filed and served in accordance with the court’s requirements,
(ii) copies of affidavits or witness statements, which have been read, tendered or verified in open court, clearly marked so as to show any parts which have not been read, tendered or verified or which have been disallowed on objection,
(iii) copies of transcript of evidence given in open court, if permitted by copyright and clearly marked so as to show any corrections agreed by the other parties or directed by the court, or
(iv) copies of exhibits admitted in open court and without restriction on access.
Rule 78 - Media dealings advic
(a) may if requested advise a client about dealings with the media but not in a manner which is calculated to interfere with the proper administration of justice, and
(b) does not breach rule 76 or 77 simply by advising the client about whom there has been published a report relating to the case, and who has sought the barrister’s advice in relation to that report, that the client may take appropriate steps to present the client’s own position for publication.
