Strict Liability

Question 1

What does strict liability mean in the context of contempt?

Answer 1

A person may be found to have committed contempt even if they didn’t mean to.

Strict liability means that intent does not need to be proven for a contempt charge.

Question 2

What must the prosecution prove under the strict liability rule for contempt?

Answer 2

The prosecution does not have to prove that the editor or media organisation intended to create the risk.

Question 3

How does the court evaluate cases of contempt under strict liability?

Answer 3

The court judges the actual or potential prejudicial effect of what was published.
This focuses on the outcome rather than the intent behind the publication.

Question 4

Give an example case of Contempt of Court ?

Answer 4

Give an example case of Contempt of Court ?

Christopher Jefferies, who was wrongly arrested in the hunt for the murderer of Joanna Yeates, was vilified by the press. The Mirror and the Sun were respectively fined £50,000 and £18,000 after being found guilty of contempt of court.Christopher Jefferies is now a privacy crusader.

Question 5

The Strict Liability Rule will only apply if 3 conditions are fulfilled.

Answer 5

1. The strict liability only applies in relation to a publication.
2. The Strict Liability Rule only applies to a publication which creates a substantial risk that the course of justice in the proceedings in question will be seriously prejudiced.
3. The Strict Liability Rule will only apply to active publications
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