Case Law - IJC209 Media Law for Journalists

What is the principle of open justice?

That justice should normally be administered in public so the public can scrutinise the courts and improper behaviour is deterred

What did Scott v Scott (1913) establish?

The House of Lords confirmed the common law rule that courts must normally sit in public

What did Lord Woolf say about open justice in R v Legal Aid Board ex p Kaim Todner (1998)?

That open justice is necessary because public proceedings deter inappropriate behaviour by the court

What did Attorney General v Leveller Magazine Ltd [1979] confirm?

That court proceedings should generally be held in public

What did R v Felixstowe Justices ex p Leigh say about journalists?

That journalists in court are "indispensable"

What did R v Crook (Tim) [1989] decide about journalists?

Journalists may remain in court even when the public are excluded

What did R v Felixstowe Justices ex p Leigh say about anonymous magistrates?

There is "no such person known to law as an anonymous JP"

What is a Section 45 order?

A reporting restriction protecting juveniles in adult criminal courts under the Youth Justice and Criminal Evidence Act

What is a Section 39 order?

A reporting restriction protecting juveniles used mainly in civil and coroner's courts

When do Section 39 and 45 orders expire?

When the youth reaches the age of 18

What case confirmed S39 and S45 orders expire at 18?

JC and RT v Central Criminal Court

How does seriousness of the offence affect youth anonymity?

The more serious the crime, the stronger the argument for lifting restrictions

Which case illustrates seriousness justifying lifting youth anonymity?

The James Bulger case

When can an application to lift youth reporting restrictions be renewed?

After a guilty verdict or guilty plea

Which cases allow renewal of applications to lift youth anonymity?

Markham and R v Aziz

What public interest argument can the media use to name youths?

That naming youths can act as a deterrent to other young offenders

Which case supports naming youths as a deterrent?

R v Aziz

Can Section 45 orders protect child victims?

Yes, but only children "concerned in proceedings"

What did Chief Constable of Surrey v JHD and DHD say about family members?

Harm to innocent family members is not a valid reason to grant an S39 order

What did R v Lee say about Section 45 orders in adult courts?

A good reason is required; age alone is not sufficient

Can anonymity orders be made for dead juveniles?

No

What guidance says anonymity cannot apply to dead juveniles?

Judicial College guidance

Can S39 or S45 orders be used to protect adults?

No

Which case says S39 and S45 orders cannot protect adults?

R v Southwark Crown Court ex p Godwin

Can S39 or S45 orders protect adults accused of child sex offences?

No

Can Section 45 orders apply to dead children or adult defendants?

No

When can sexual offence reporting restrictions be lifted?

When they place a substantial and unreasonable burden on reporting and it is in the public interest

Which case allows lifting sexual offence restrictions?

R v Hutchinson

What did Cape Intermediate Holdings v Graham Dring decide?

Journalists are entitled to access court documents even if not read out in court

What did Guardian News and Media v City of Westminster Magistrates decide?

Journalists should have access to court documents including Single Justice Procedure cases

What did Lord Justice Toulson say about open justice?

"Open justice lets in the light and allows the public to scrutinise the workings of the law"

What did Lion Intoximeters v Evans decide about copyright?

Publication of leaked documents was lawful because it was in the public interest

When is a Section 11 order invalid?

If the court has not already ordered the information to be withheld in open court

What are Section 11 orders not allowed to protect?

The comfort and feelings of defendants

What did R v Westminster City Council ex p Castelli say about Section 11 orders?

They cannot be used simply to protect privacy or avoid embarrassment

What did the Attorney General say about press reporting on wanted suspects?

The press may publish material that reasonably assists in apprehending a wanted person

What did Sir Cliff Richard v BBC decide?

Naming a suspect during a police investigation breached privacy

What did Campbell v Mirror Group Newspapers decide?

Publishing details of Naomi Campbell's drug treatment breached her privacy

What did Peck v United Kingdom decide?

Broadcasting CCTV footage of a suicide attempt breached privacy

What did Duchess of Sussex v Associated Newspapers decide?

Publishing a private letter breached privacy and copyright

What did Von Hannover v Germany decide?

Intrusive coverage of Princess Caroline's private life breached privacy

What did the 2021 Von Hannover ruling clarify?

Celebrity coverage may be justified if in the public interest and balanced against privacy

What did Alaedeen Sicri v Daily Mail establish?

A person arrested but not charged is still entitled to privacy

What is the honest opinion defence?

A defence protecting genuinely held opinions even if exaggerated or prejudiced