Page 203 - Law and the Media

10 Contempt of Court

Simon Dowson-Collins

10.1 Introduction

Contempt of court is the improper interference with the administration of justice. Its origin
lies in the rule of law that the court must be free to decide on the matters before it, unhindered
by any outside influence. Its purpose is to ensure respect for the legal process and compliance
with the remedies ordered by the court. The contempt laws are therefore aimed at those who
undermine, obstruct or interfere with the workings of the court.

Contempt of court is the area of the law in which the press and broadcast media are most
likely to exercise care in their day-to-day publication of news and features. Publishing a
contempt is a serious offence. The penalty can be an unlimited fine or a sentence of
imprisonment. Whereas actions for defamation may drag on in the civil courts for many
months, ending in a quiet out of court settlement, contempt proceedings are dealt with
quickly and vigorously. In cases of criminal contempt, the proceedings are prosecuted by the
Attorney General.

Publication of a contempt can be either a criminal or a civil contempt. The distinction does
not depend on whether the reporting is on proceedings in the criminal court or the civil court.
However, reporting on the criminal courts usually carries a greater risk of falling foul of
contempt law.

At common law there are three offences of criminal contempt:

1. Interfering with ‘pending or imminent’ court proceedings
2. Contempt in the face of the court
3. Scandalizing the court.

Parliament has also legislated in the area of contempt. The Contempt of Court Act 1981
(‘the CCA’) introduced a statutory offence of interfering with active court proceedings.
Although the CCA has not codified or replaced the common law offence of interfering
with ‘pending or imminent’ court proceedings, it has introduced a single rule by which it
is now possible to judge potentially dangerous features. This rule, known as the strict
liability rule, is the most significant and relevant area of contempt law for those working
in the media today.