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Media Law > Media Law: 6 Contempt of court > Flashcards

Media Law: 6 Contempt of court Flashcards

1
Q

ways journalists can be held in contempt of court

[6]

A
  • publishing previous convictions
  • publishing prejudicial background information
  • publishing photograph (if identity an issue)
  • publishing something in breach of court order
  • taking photographs / recordings
  • publishing (or just talking to) juries
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2
Q

who deals with contempt of court cases?

[1]

A
  • Attorney-General
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3
Q

Scotland v England

[2]

A
  • dealt with in same way

- Scotland stricter

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4
Q

types of contempt (+ origins)

[2]

A
  • ‘strict liability’ contempt (Contempt of Court Act 1981)

- ‘intentional contempt’ (common law)

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5
Q

who brings actions under CCA 1981? Why?

[2]

A
  • Attorney-General

- protect journalists from frivolous/embittered cases

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6
Q

main elements of CCA 1981 rule

[3]

A
  • strict liability
  • ‘active’ proceedings
  • substantial risk of prejudice
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7
Q

DEF: strict liability

[1]

A
  • you are liable, whether you intended to prejudice proceedings or not
  • other factors taken into account when sentencing
  • motive (i.e. public interest) doesn’t matter
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8
Q

only escape from strict liability

[1]

A
  • ‘innocent publication’ (didn’t realise proceedings were still active)
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9
Q

when case becomes active

[5]

A
  • suspect arrested without warrant
  • warrant for arrest is issued
  • summons to appear in court issues
  • indictment or other document specifying the charge is issued
  • suspect is orally charged
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10
Q

when cases stop being active

[7]

A
  • arrested person is released (except on bail)
  • 12 months pass since issue of warrant, no arrest
  • charge / summons is withdrawn
  • defendant found unfit to be tried / to plead
  • defendant is acquitted
  • defendant is sentenced
  • any other verdict ends case (e.g. case to ‘lie on file’)
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11
Q

gap between verdict / sentencing

A
  • if judge: probably fine (considered able to ignore press)

- if magistrate: more care needed

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12
Q

reporting arrest

[4]

A
  • anyone held against will by police has been ‘arrested’ (meaning case active)
  • voluntarily talking to police is not arrest, but libel laws can intervene when reporting this
  • CAN report person’s arrest, their background, general description of crime
  • CANNOT link them to specific crime in a report
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13
Q

police appeals for information

[3]

A
  • case active, so technically threat of contempt… but…
  • CCA encourages press to help police with appeals
  • after suspect found/arrested, same rules don’t apply
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14
Q

reporting AFTER arrest (watch out!)

[6]

A
  • CAN report ‘a man’, CANNOT report ‘the man’ the police were looking for
  • can name person arrested (plus background of crime), but detail must not implicate them
  • avoid statements by witnesses
  • never mention previous criminal convictions
  • careful reporting what suspect says (contempt applies for innocence as well as guilt!)
  • do not assume info is ok to publish if issued by police
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15
Q

when civil case becomes active

[2]

A
  • arrangements for trial are made (case is ‘set down for trial’)
  • trial begins
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16
Q

pre-trial hearings

[5]

A
  • determine whether there’s a case
  • decide whether injunctions possible
  • begin when hearing arranged
  • end when hearing over
  • low chance of contempt (heard by judges)
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17
Q

when civil cases end

[4]

A
  • settled by the parties
  • decided by judge/jury
  • discontinued
  • withdrawn
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18
Q

when appeals become active

[3]

A
  • party applies for leave to appeal
  • appeal is lodged
  • time between sentencing and appeal NOT covered by strict liability
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19
Q

2000 Ulster TV case

[3]

A
  • 2 men convicted murder
  • TV show adding info not in court
  • injunction denied (no certainty of appeal)
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20
Q

contempt in appeals and retrials

A
  • appeals: unlikely because top judge hears

- retrial: more careful because jury used

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21
Q

test for ‘substantial risk of prejudice’

[2]

A
  • will court case be affected?

- is there high risk of prejudice?

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22
Q

factors determining risk of prejudice

[5]

A
  • who case tried by
  • timing of publication
  • location of trial
  • circulation of the publication
  • content of the report
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23
Q

key case where judge allowed trial to go ahead despite media furore
[1]

A
  • R v West (1996) - Rosemary West
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24
Q

rules/considerations when considering timing of publication

[2]

A
  • GENERALLY: earlier before trial, less likely to contempt

- other factors: circulation, content, celebrity, etc.

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25
Q

A-G v Unger (1998)

[2]

A
  • Daily Mail ‘trial by newspaper’ thieving housekeeper

- judge ruled 9 months long enough

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26
Q

DEF: public forgetting a report over time

[1]

A
  • ‘fade factor’
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27
Q

A-G v BBC + Hat Trick Productions (1997)

[3]

A
  • Maxwell’s son: “heartless scheming bastards”
  • programme popular AND repeated
  • fined £10,000
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28
Q

A-G v Morgan (1998)

[4]

A
  • NoW helped smash fake cash ring
  • report assumed 2 men’s guilt
  • memorable AND reporter was witness
  • fined £50,000
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29
Q

A-G v ITV Central (2008)

[2]

A
  • reported previous convictions on same day trial started

- fined £25,000, plus voluntarily paid £37,000 postponement costs

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30
Q

A-G v MGN (2002)

[3]

A
  • Sunday Mirror interview suggested Leeds footballer assault racist
  • TIMING TERRIBLE: jury just sent home to deliberate
  • fined £75,000
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31
Q

A-G v News Group Newspapers (1999)

[4]

A
  • men arrested in connection with bomb attack
  • Sun reported one was an IRA sniper
  • murder charge had to be dropped
  • fined £35,000
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32
Q

local papers less at risk from contempt

[2]

A
  • location paper sold reduces risk of prejudice

- if nationals pick up story, paper has to have actively sought further exposure (e.g. sold story on)

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33
Q

prejudicial content in reports

[17]

A
  • criticism of decision to prosecute
  • previous convictions
  • defendant’s background / character
  • circumstances of the offence
  • assertion of facts
  • photograph/description of suspect
  • guilty pleas to other charges
  • involvement in other proceedings
  • proceedings without the jury
  • assuming guilt
  • assuming outcomes of preliminary issues (e.g. fit for trial)
  • speculating about damages (something jury awards in civil cases)
  • protected documents/information (e.g. ‘payments into court’)
  • interviews with witnesses
  • undermining witnesses
  • interfering with proceedings (i.e. reports deterring witnesses from giving evidence)
  • inaccurate reporting
34
Q

A-G v Evening Standard (1998)

[3]

A
  • trial for attempting to escape from prison
  • some defendants IRA
  • fined £40,000
35
Q

A-G v Sun (1996)

[3]

A
  • Ronnie O-Sullivan celebrating his mum’s release after not paying VAT
  • Mrs O’Sullivan back in court for obscene publications
  • Sun fined £10,000
36
Q

A-G v MGN (1997)

[3]

A
  • Geoff Knights (Gillian Taylforth’s bf) on trial for assault
  • several papers reported his previous convictions
  • none fined because not clear where story originated
37
Q

Sunday World local thugs case (2008)

[4]

A
  • Northern Irish paper reported on intimidation by local drug dealers
  • court disrupted, moved location
  • ban on further reporting IGNORED
  • fined £60,000
38
Q

A-G v Express Newspapers Ltd (2005)

[3]

A
  • two well-known footballers in rape case (told not to ID)
  • Daily Star suggested victim knew them
  • fined £60,000
39
Q

factors considered when balancing risk of prejudice

[3]

A
  • likelihood it will be seen by potential juror
  • likely effect it will have on a reader
  • residual impact by time of trial
40
Q

multiple publications

[1]

A
  • reporting something that has already been reported earlier does not save you from contempt of court
41
Q

defences against strict liability

[3]

A
  • innocent publication
  • fair and accurate contemporary reports
  • discussion of public affairs
42
Q

innocent publication

[2]

A
  • if didn’t think case was active

- must prove: took reasonable care AND ‘no reason to suspect’ case was active

43
Q

distributors and ‘innocent publication’

[2]

A
  • must prove reasonable care was taken

- often get publishers to give a lawyers view (to protect them)

44
Q

fair and accurate contemporary reports

[3]

A
  • must be ‘fair and accurate’
  • must be published contemporaneously with trial
  • must be published in good faith (i.e. no ulterior motive)
45
Q

discussion of public affairs

[1]

A
  • essentially: commentary on important public issues does not have to stop just because there’s a court case going on that involves them
46
Q

A-G v English (1983)

[3]

A
  • Daily Mail report on doctors starving disabled babies
  • active case not mentioned
  • no contempt brought (although article would clearly prejudice trial)
47
Q

A-G v Associated Newspapers (1983)

[2]

A
  • Mail on Sunday discussed character of Michael Fagin

- safety of Queen matter of public interest

48
Q

A-G v TVS Television Ltd (1989)

[4]

A
  • ‘The New Rachmans’
  • similar landlords to Rachman in Reading
  • one trial had to be stopped
  • court disagreed that the programme merely looked at a public interest issue
49
Q

scope of strict liability contempt

[2]

A
  • ‘any tribunal or body exercising the judicial power of the State’
  • General Medial Council did not qualify for this in 1998 case
50
Q

differences between intentional contempt and strict liability contempt
[3]

A
  • common law / CCA
  • cases must be ‘pending or imminent’ rather than ‘active’
  • must set out to prejudice court
51
Q

‘pending or imminent’

[2]

A
  • pending: once arrested

- imminent: more vague, but can include prior to arrest

52
Q

DEF: intention

[2]

A
  • modern meaning (i.e. intends to prejudice trial)

- BUT also includes someone who was a) aware proceedings were imminent; b) aware the content might prejudice case

53
Q

A-G v News Group Newspapers (1988)

[2]

A
  • Sun: ‘Rape Case Doc: Sun Acts’

- doctor acquitted, Sun fined £75,000

54
Q

Latin: ‘under judicial consideration’

[2]

A
  • sub judice

- NOT the all-pervasive argument many (esp. polticians) believe

55
Q

difference between Scottish and English contempt

[3]

A
  • Scottish laws stricter (e.g. regarding pictures)
  • people other than A-G can prosecute
  • phrasing court reports (“The Crown alleged that…”)
56
Q

other types of contempt

[10]

A
  • contempt in the face of court
  • scandalising the court
  • tape recorder / photographs in court
  • failing to comply with court order
  • frustrating court orders addressed to to others
  • using documents disclosed during proceedings
  • investigating/publishing jury deliberations
  • interfering with witnesses
  • reporting hearings heard in private
  • breaking embargoes on court judgements
57
Q

contempt in the face of court

[1]

A
  • getting rowdy and undermining court’s authority
58
Q

scandalising the court

[2]

A
  • personal attacks on a judge (either written or verbal)

- prosecution now very rare (usually ask for apology or take libel action)

59
Q

recordings / photos

[2]

A
  • contempt to use (and even bring) recorders into court

- artists can take notes then draw outside

60
Q

filming outside the court

[3]

A
  • fine, but avoid prejudicing case
  • footage of heavy security suggests accused is dangerous
  • onlookers yelling things
61
Q

disobeying court orders

[3]

A
  • e.g. an injunction against publication
  • Daily Mail / Nigel Dempster (‘mean’ claimant)
  • must have been a court order, and must have been given fair notice
62
Q

frustrating court orders

[2]

A
  • court orders are often addressed to certain groups

- Peter Wright ‘Spycatcher’ publication (2 papers had injunction, other printed anyway, contempt)

63
Q

interviewing jurors

[3]

A
  • standard in USA, but not here (in CCA 1981)
  • includes publication and ‘soliciting’ information from jurors
  • only jury’s deliberation is secret, a juror’s opinion can be given
64
Q

paying witness for their story

[2]

A
  • (if agreed in advance) can encourage witnesses to embellish their stories
  • not covered properly in CCA (only PCC and Ofcom)
65
Q

PPC guidelines on paying witnesses

[5]

A
  • banned once proceedings active
  • includes anyone likely to be called as a witness
  • only lifted once accused is freed / pleads guilty / verdict
  • before trial: payment should only be in public interest, and if absolutely necessary to get info
  • MUST inform payee that they have to tell courts about arrangement
66
Q

Ofcom guidelines on paying witness

[1]

A
  • exactly the same as PCC
67
Q

where it’s contempt to report private hearings

[6]

A
  • Children’s Act 1989
  • wardship of court
  • other matters relating to maintenance / upbringing of children
  • mental health hearings
  • national security
  • anything secret that forms part of the issues of the case
68
Q

breaking embargoes on court judgements

[3]

A
  • before a judgement is handed down from higher courts, they are routinely supplied to lawyers and their clients
  • publication of judgements before they are handed down is contempt
  • The Lawyer magazine broke this in Da Vinci Code case
69
Q

when can trial judges hear contempt cases?

[2]

A
  • when A-G not required by law (exceptional)

- even then legal team might advise going to A-G if judge is threatening

70
Q

when are contempt cases usually heard?

[1]

A
  • after case which was prejudiced
71
Q

contempt is the only serious criminal offence to be…

[1]

A
  • tried by judges rather than juries
72
Q

sanctions for contempt

[2]

A
  • hefty fines

- imprisonment of editor

73
Q

costs orders

[2]

A
  • publication can be ordered to pay costs of a collapsed case
  • CONCERN: does not require A-G
74
Q

prevention of publication

[1]

A
  • must show clear evidence of potential prejudice
75
Q

Channel 5 / Noonan brothers

[4]

A
  • one stabbed just before documentary
  • witnesses might be intimidated so police applied for injunction
  • Channel 5 got late sitting of Court of Appeal to overturn
  • no clear risk to police investigation (e.g. people already knew the Noonans were scary mobsters)
76
Q

where are injunctions ordered?

A
  • High Court

- has been suggested Crown Court could order them (very rare due to nature of injunctions)

77
Q

role of journalists regarding injunctions

A
  • should be ready to actively challenge injunctions where prohibitions are unnecessary
78
Q

CONFUSION: contempt v defamation

A
  • defences sound similar, backed by same principle, but legally different
  • contempt: “fair and accurate contemporary reporting”
  • defamation: “privilege” (either “absolute” or “qualified”)
79
Q

CONFUSION: contempt v libel

A
  • you can avoid contempt until the cows come home, but defendants can still sue you to the hilt for libel
80
Q

DEF: gagging order

A
  • suing one publication for libel, then issuing writ threatening others with contempt if they report details of the case
  • Lord Salmon said this was all silly nonsense

Media Law (22 decks)

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