Page 198 - Law and the Media

Reporting Restrictions
If permission has not been given, a member of the media takes a risk even entering the
courtroom in possession of a tape recorder. It remains unclear whether an intention to commit
the offence is a necessary component of contempt under Section 9(1) (Re Hooker (Patricia)
and the Contempt of Court Act 1981 (1993)). Offenders can be sentenced to imprisonment
or fined. Section 9 of the Contempt of Court Act 1981 also allows the court to order forfeiture
of the offending items.

9.14.2 Photographs and sketches

Photographs may not be taken in court, nor may sketches be made if they are intended for
publication. The prohibition includes televising proceedings. Under the Criminal Justice Act
1925, Section 41(l):

No person shall (a) take or attempt to take in any court any photograph, or, with
a view to publication, make or attempt to make in any court any portrait or sketch
of any person, being a judge of the court, or a juror or a witness in, or a party to,
any proceedings before the court, whether civil or criminal, or (b) publish any
photograph, portrait or sketch taken or made in contravention of this Section or any
reproduction thereof.

For the purposes of Section 41, ‘court’ is deemed to cover the area within the courthouse and
its precincts. Although it is almost common practice and seems to go unpunished, it is also
an offence to photograph or film defendants or witnesses while they are entering or leaving
the courtroom and its precincts (Section 41(2)(c)). However, hindering, jostling, threatening
or persistently following defendants and witnesses as they go to and from court can amount
to contempt (R v Runting (1988)).

Sketching inside court is not forbidden in itself. However, it will be a breach of Section 41
if it is done with the intention of publishing the sketch. Making a sketch of a trial or its
participants from memory after leaving the court and publishing it is lawful.

9.15 Restrictions on reporting in other courts

9.15.1 Arbitration proceedings

It is a basic principle of arbitration proceedings that they take place in private. In order to
give effect to this principle, all parties to arbitration proceedings are under an implied
obligation to respect the confidence of the proceedings. If the public or the media are allowed
to attend, they are not able to make public what was said and done at the hearing.

The duty of confidentiality of the recipient of any information obtained during arbitration
proceedings is subject to a number of exceptions:
161