Page 219 - Law and the Media

Law and the Media
10.3.2 Contempt in the face of the court

It is an offence to behave in a courtroom in a manner that undermines the authority of the
court, for example by throwing missiles at the judge, carrying out a demonstration or directly
insulting the judge to his face.

10.3.3 Scandalizing the court

‘Scandalizing the court’ is an oral or written statement that is designed to bring the court or
the judge into contempt or lower his authority. Such an offence is not affected by the CCA.
In any event, even if there are active proceedings, a statement that scandalizes the court
creates a risk of prejudice to the administration of justice rather than particular
proceedings.

The most common form of scandalizing the court is publishing an attack on the integrity of
a judge by accusing him of being biased, taking bribes or being asleep in court. Prosecutions
for scandalizing the court are very rare. It has been said recently that the offence is ‘virtually
obsolescent’. In recent years such attacks on a judge are met with a libel action or a request
for an apology.

10.3.4 Failing to comply with a court order

Failure to comply with an order of the court can lead to serious repercussions. If the failure
was inadvertent and the effect on proceedings minimal, a speedy and honest apology to the
court may result in leniency. The court may, for example, warn that any further breach would
lead to a fine or reference to the Attorney General to consider prosecution.

If the breach were deliberate, however, and had a serious effect on the conduct of the
proceedings, again the matter may be referred to the Attorney General for him to consider
taking contempt proceedings.

10.3.5 Use of documents disclosed during proceedings

When documents are disclosed during civil proceedings under an obligation to the court or
other party to those proceedings, then any use of the document for a purpose collateral to
those proceedings is a breach of the Civil Procedure Rules. This is the position except in
specified circumstances such as where the document has been read to or by the court or
referred to at a public hearing. Care should therefore be taken when considering documents
that have come into the possession of a journalist via a party to litigation when those
documents have been disclosed as part of the court process and belong to the other party to
the action.
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