Page 170 - Law and the Media

9 Reporting Restrictions

Jane Colston

9.1 Introduction

It has long been established in English law that the proper administration of law in
accordance with the rules of natural justice requires that court proceedings should be held
openly and in public. Although the principle may not be universally observed, it is
undoubtedly recognized throughout the world as being a basic standard by which the quality
of a legal system is judged. The principle has been incorporated into numerous other national
constitutions and parliamentary statutes. Article 6 of the European Convention on Human
Rights (the right to a fair and public trial) which has been incorporated into English law by
the Human Rights Act 1998, echoes the principle precisely.

Although the open court rule is the norm for legal proceedings, there are numerous common
law and statutory exceptions. In circumstances where the interests of national security or
justice demand it, the court may sit behind closed doors ‘in camera’, meaning in private.
Although the public and the media are not permitted to attend these hearings, the media may
be able to publish limited reports on the proceedings. In other situations, while the
proceedings may be open to the public and the media the court may order that the media are
prevented from reporting on the case. The most important of these orders preventing
reporting by the media are:

The power to postpone the reporting of proceedings
The power to prevent the publication of the names of parties
Restrictions on publication of information relating to children.
There are also automatic bans that restrict reports relating to, for example:
Committal proceedings before magistrates’ courts
Hearings concerning sexual offences and indecency
Divorce cases
Documents made available on disclosure.
There have been occasions over the years where judges have taken it upon themselves to
clear their courts of the public and the media in order to conduct cases in private. Unless
there is legal authority at common law or by statute to take such a step, conducting the case
in this way will be improper and will amount to grounds for appeal. For example, the
controversial decision to hold an inquiry into the murders committed by Dr Harold Shipman