Page 206 - Law and the Media

Contempt of Court
The only concession made by the CCA to a publisher’s innocent intent is in relation to
genuine and blameless ignorance of the existence of proceedings that might be
prejudiced.

10.2.3 Publication

Section 2 of the CCA provides that the strict liability rule applies only to publications.
‘Publication’ as defined includes any:

. . . speech, writing, broadcast or other communication in whatever form which is
addressed to the public at large.

It is clear, therefore, that strict liability applies to all the usual output of the media, including
newspapers, magazines, television and radio programmes and the Internet. Plays, concerts
and speeches at public gatherings are also publications for the purposes of the CCA.

10.2.4 Active proceedings
For the strict liability rule to apply, the proceedings in question must be ‘active’ within the
meaning of the CCA. Conversely, if the proceedings are not active there is no danger of the
publisher being found to be in contempt of court under the CCA.

Whether a case is active under the CCA is not open to argument. Schedule 1 to the CCA lays
down specific periods as to the commencement and conclusion of the active period.

Criminal proceedings

Commencement
Criminal proceedings become active on:

Arrest without a warrant
The issue of a warrant for arrest
The issue of a summons to appear before the court
The service of an indictment or other document specifying the charge, or
Oral charge (except in Scotland).
In practical terms, this represents a considerable tightening of the old law. Before 1981, the
fact that an arrest was made or a warrant was issued would almost invariably provoke the
publication of background and speculation in the press rather than inhibit it. Such stories
ceased only when the police let it be known that charges were imminent.

When proceedings first become active, the reporting of some matters clearly will be
objectionable. For example, publication of the previous convictions of the defendant, the fact
that the defendant is well known as a criminal or the ‘fact’ that the police have arrested the
169