Media Law: 8 General reporting restrictions

Question 1

orders restricting reporting under CCA 1981

[2]

Answer 1

• s4(2) order (temporary)

- s11 order (permanent)

Question 2

where can orders be used?

[3]

Answer 2

• any criminal or civil court
• coroner’s court
• some (but not all) tribunals

Question 3

s4(2) orders (general details)

[3]

Answer 3

• POSTPONE reporting on whole/part of proceedings
• must be substantial risk of prejudice
• can be applied for started, pending or innocent proceedings

Question 4

circumstances in which s4(2) orders almost always used

[3]

Answer 4

• proceedings not in front of jury
• when material risks prejudicing other imminent/pending cases
• defendant acquitted, but court predict a new trial

Question 5

Marvin Dawkins (2004)
[3]

Answer 5

• Romeo from So Solid Crew
• wanted reporting postponed due to female fan harassment
• court overturned s11, didn’t order s4(2)

Question 6

R v Burrell (2004)

[4]

Answer 6

• Burrell accused of raping civil servant
• complainant wanted publication post-poned because her co-workers knew the case
• s4(2) NOT granted
• complainant became ill, verdict reached NOT GUILTY

Question 7

teenagers attacking boy with hammer (2008)

[3]

Answer 7

• Swindon Advertiser reported day-by-day first trial
• s4(2) during jury deliberation extended to second trial
• press argued this was pointless because jury were told first verdict in second trial

Question 8

MGN Pension Trustees Ltd v Bank of America National Trust and Saving Association and Credit Suisse (1995)
[2]

Answer 8

• pension funds of Robert Maxwell companies

- decided risk of prejudice NOT severe enough

Question 9

David Chick (2004)
[2]

Answer 9

• Fathers4Justice ‘spiderman’

- ruled that it didn’t matter if jury remembered news reportage, hearing details in court would remind them too

Question 10

Re Bardot (2006)
[3]

Answer 10

• Dhiren Bardot accused of failed London bombings
• lawyers argued publicity would ruin upcoming cases of other similar clients
• s4(2) order overturned

Question 11

where/when can’t s4(2) orders be used?

[2]

Answer 11

• when case isn’t active/pending/imminent (usually someone must be charged)
• outside the courts

Question 12

how long are s4(2) orders

[3]

Answer 12

• usually to end of trial / other affected trials
• court has power to extend
• JSB guidelines (2009) said shouldn’t be indefinite

Question 13

previous cases considering public interest

[2]

Answer 13

• Plymouth Evening Herald cocaine ring story (2006)

- police officer chasing press photographer (2007)

Question 14

limits of s4(2) orders

[3]

Answer 14

• material not admitted into evidence
• material not prejudicial to proceedings
• material already in public domain

Question 15

when will s11 orders be invalid

[1]

Answer 15

• when there is no previous legal provision to implement them
• if details already disclosed in open court

Question 16

exception to open court rule

[2]

Answer 16

• when info disclosed accidentally

- Bush/Blair letter (2007)

Question 17

what is ban not there to protect?

[3]

Answer 17

• embarrassment
• professional reputation
• defendant’s children

Question 18

exceptions to these rules

[4]

Answer 18

• witnesses unlikely to give evidence if not anonymous
• victims unlikely to come forward if identified
• very vulnerable people with potential of mental harm
• giving medical evidence of personal nature

Question 19

what most important legislation is considered regarding anonymity?
[1]

Answer 19

• Article 2 of HRA (right to life)

Question 20

giving notice of s4(2) and s11 orders

[3]

Answer 20

• info put in writing (purpose, what it covers, when it ceases)
• press should be notified
• court staff should be willing to answer queries

Question 21

challenging s11 orders

[2]

Answer 21

• court should allow press representations where possible

- when urgent, make temporary orders then invite press for representations

Question 22

finding out whether an order is in place

[2]

Answer 22

• should be posted in court complex

- if not posted, still press’s responsibility to find out

Question 23

anonymity orders

[5]

Answer 23

• ordered in High Court
• can order in injunction when ‘convenient to do so’
• carries on to Court of Appeal and Supreme Court (unless they specifically lift them)
• increasingly used by parties claiming privacy (Art 8 HRA) affected
• 2010 Supreme Court ruled against over use

Question 24

High Court’s powers

[6]

Answer 24

• known as ‘inherent jurisdiction’
• used when person’s welfare/interests could be damaged if named
• can ban actual gathering of news on case
• applies to both adults and children (wards or not)
• can extend to County Courts
• Appeal and Supreme have similar powers