1. MAC 273Professional Media PracticesContempt of court

2. Criminal Courts Major CrownOffenceCourtMagistratesCourt Minor VerdictOffence 3. ...but there are restrictions on the media Courts can sit in camera if in the interests ofjustice or national security. Reporting mustnt disrupt natural course ofjustice: not prejudicing juries or victims (present & future) protecting juveniles under 18 Protecting confidential information andinformation received in confidence 4. Where Contempt Applies Reporting active court cases or legalproceedings Discussing current cases or alleged criminals Programmes or news about cases, the policeor courts Matters concerning the judiciary Court cases, tribunals, juveniles, victims ofsexual offences 5. ...Justice must not only be done but must beseen to be done. Hence any publication withthe potential to damage a fair trails could leadto a contempt charge. With this in mind,media practitioners...need to read carefullywhen presenting content about mattersrelating to the courts Dwyer, T(2012) Legal and Ethical Issues in the Media: P38 6. Contempt of Court something which creates a serious risk of substantial prejudice or impediment to particular proceedings, or when proceedings are active or that... interferes with justice breaches a court undertaking/order/injunction seeks to discover private jury discussions or payment for witness stories 7. In short the law is based on the idea that we can create theconditions for a fair trial by denying the publiccertain facts. And it holds back those factsfrom all 60 million of us in this countrybecause 12 of us will be jurors. BBC College of Journalism 8. Proceedings are active when Remember Police statements are covered by privilege butyou need to check if the circumstances havechanged and proceedings become active Someone is arrested A warrant is issued for arrest A summons has been issued Someone is orally charged 9. The police can ask for help The press has nothing to whatsoever to fearfrom publishing is reasoned terms anythingwhich may assist in the apprehension of awanted man and I hope that it will continue toperform this public service The Attorney General (1981) BUT THIS ONLY APPLIES UP TO THE POINTTHAT A PERSON IS FOUND AND ARRESTED 10. Contempt of Court Act 1981 Action usually taken by Attorney General Types: Strict Liability reporting where case is active Scandalous attacks on the judiciary Conduct other than publication Breach of an order 11. Relevant Sections of the Act Section3: A defence of not knowing proceedings were active If reasonable care has been taken Section 4: Delaying orders of open court reports Section 5: Discussion of public affairs during active proceedings Section 11: Banning orders on naming victims or offenders 12. What could be contempt? Obtaining or publishing details of jury deliberations Reporting of court proceedings in defiance of a court order or reportingrestrictions, particularly committal proceedings Anticipating the course of a trial or predicting the outcome Publishing details of a Defendants lifestyle Making payments to witnesses Filming inside court buildings Revealing the identity of victims of sex offences without written consentwhich can only be given if over 18 years of age. Reporting proceedings concerning ward ship, adoption, other childrenrelated hearings. Mental Health Act applications and national security. Reporting criminal proceedings and identifying a child as Defendant,witness or victim. Breaching an injunction obtained against another party. accessed via 4docs 13. There is an injunction in placewhich prevents publication ofany images or informationpurporting to identify anyone asJon Venables or RobertThompson. The terms of theorder mean that if a pictureclaims to be of Venables orThompson, even if it is notactually them, there will be abreach of the order. Providingdetails of the new identities ofVenables and Thompson ortheir whereabouts is alsoStatement from the Attorney prohibited this order appliesGeneral: 25/2/2013to material which is on theinternet. 14. Implications for broadcasters Broadcasting information the jury wouldnt hear during a trial Running old news stories, when arrests have been made Beacon FM, Shropshire, 2003 Rock FM, Preston 1999 The Harold Shipman trial .... we have got to be delicate because it is on-going ... I am supposed to be delicate, but I really dont care ...Harold Shipmans trial is going into its umpteen month (at which point the traffic announcer was heard saying in the background guilty)... innocent until proven guilty of course because thats the way it works in this land. Its innocent until proven guilty as sin ... put us taxpayers out of our misery because we are paying for this - admit to it - its a fair cop - youre caught red-handed, be done with it. The Judge said it was. about as irresponsible a piece of broadcasting as I have ever heard... By saying the words I have to be delicateyou made it perfectly clear that you knew you shouldnt mention any kind of words like that. 15. Ipswich Murders "Depending on the circumstances andinformation, this could include speculation orinformation relating to suspects connections orother activities, or details of their background.In particular, the attorney general urges allparties to take note of the risks in publishingmaterial that asserts or assumes, expressly orimplicitly, the guilt of any individual." Note from Lord Goldsmith to the media, 2006 16. Risks Wasted Courts order Courts Act 2003 powers to judges and magistratesto charge court costs Differences under Scottish Law Where identification is an issue Fine Against individual Against the broadcaster/producer/editor/etc 17. Defences Innocent publication (Section 3) Fair, accurate and contemporary reportingwhere restrictions are not in place (Section 4) A publication made as or as part of a discussion in goodfaith of public affairs or other matters of general publicinterest is not to be treated as contempt of court under thestrict liability rule of the risk of impediment is merelyincidental to the discussionSection 5 of the Contempt of Court Act There is NO public interest defence 18. Other rules, risks or restrictions 19. MAGISTRATES COURTS ACT 1980 identity of court, names of magistrate names, addresses & occupations of parties &witnesses.. and ages of accused & witnesses offence or offences or a summary of them names of counsel or solicitors any decision of the court to commit the accusedfor trial or not to commit and to which crowncourt whether bail was granted and conditions (if any) if hearing was adjourned, 20. Restrictions always apply to Rape Cases Sexual Offences (Amendment Act 1976)introduced anonymity (for life) victims in rapecases and most sexual offences But Criminal Justice Act 1988 section 158: saysyou can identify anyone CHARGED with RAPE Juveniles (Under 18s) Youth courts closed to public reporting isautomatically restricted and any case involvingthe under 18s 21. Injunctions Injunction (n): A remedy whereby the courtorders a defendant to do, or refrain fromdoing, a certain thing. Super injunction (n): an injunction whichprohibits the reporting of its own existence. Given to prevent a breach of confidence Breaching an injunction is a Contempt ofCourt 22. Baby PIt is against the law for us to tell you who killed Baby P, although we know, and even though they have now been convicted of the crime in the British courts. One of them is his own mother, a 27-year-old from north London, but we cannot legally identify her any further. Another is his mothers boyfriend, a 32-year-old who lived with her in their publicly provided house in the Haringey Council area, but we cannot identify him any further, either. The third, like the others convicted of causing or allowing the death of a child, is another man, age 36. He at least can legally be identified as Jason Owen, but we cannot disclose why he lived in the house or what exactly his relationship was to the other people in the house, or even whether Jason Owen is his real or only name, although we know. We cannot even disclose Baby Ps real name, even his first name, although we know that too.Newsweek 20/11/2008 Children and YoungPersons Act 1989 Contempt of Court Act Section 4 (2) 23. When the judge lifts restrictions as adeterrent BBC News 24. Raoul Moat 25. Masterclass with Peter Salmon Director of BBC North Wednesday 1245pm Tom Cowie LectureTheatre Responsible for all output from MediaCity, including: BBC Breakfast BBC Sport BBC Childrens BBC Radio 5 Live Number #84 in the Media Guardian Top 100 2012