Contempt Laws Summary

Contempt Laws

• Contempt laws apply to everyone, not just journalists, protecting court processes.
  • Uphold court dignity.
  • Ensure fair trials.
  • Protect children and victims.
  • Shield family court litigants.
  • Punish obstruction of justice.
• In Australia, freedom of speech is restricted to support fair trials.
• Contempt is serious and often a criminal matter.

Types of Contempt

• Sub judice contempt: Interfering with fair trial by influencing jurors/witnesses via media.
• Contempt in the face of the court: Improper behavior in court.
• Revealing jury deliberations: Disclosing inside information of jury room.
• Scandalising the court: Undermining public confidence in the court.
• Disobedience contempt: Refusing to follow court orders.

Sub Judice Contempt

• Definition: "Under a judge" or "before the courts."
• Aim: Prevent 'trial by media' and ensure fair trials.
• Principle: Journalism should not interfere with justice system.
• Impact: Media reports can pollute jury pool and affect witness memories.
• Reporting Restrictions:
  • After arrest/charge until trial, report only bare facts.
  • Cannot reveal past criminal record, confessions, incriminating photos, or identity if it's an issue.
  • Once in court, fair and accurate reporting of proceedings is allowed.
  • Sub judice period ends after acquittal/guilty verdict and appeal period.
  • In civil cases, it starts with issue of writ/claim/summons and ends with court decision.

The Six Time Zones for Crime Reporting

• Zone 1: Crime to Arrest
  • No sub judice restrictions.
  • Can interview victims, witnesses, police, and describe suspects.
  • Beware of defamation when identifying suspects.
• Zone 2: Instant of Arrest
  • Distinguish Person of Interest (POI) from suspect.
  • Assume Zone 3 (charged) starts at arrest.
• Zone 3: Instant of Charge to Trial Start
  • Report only bare facts that won't be disputed in court.
  • Avoid speculation, adjectives, and emotive language.
  • Can report accused’s occupation, age, and address.
  • Avoid quotes.
  • Report preliminary court appearance outcomes.
  • Don’t mention prior convictions.
• Zone 4: Trial Start to End
  • Report anything said in open court fairly and accurately.
  • Balanced reports about prosecution and defense.
  • Cannot report things said when jury isn't present.
• Zone 5: Trial End to Appeal Expiry
  • Interview witnesses and do ‘aftermath’ stories after appeal period.
  • Check state laws before approaching jurors.
• Zone 6: After Appeals/Acquittal/Verdict
  • Sub judice no longer applies but defamation still possible.
  • Restrictions on talking to jurors may still exist.

Defenses to Sub Judice Contempt

1. Bread Manufacturer’s Defence: The issue was pre-existing and extends beyond the specific case.
2. Public Interest: Sub judice stifling debate on a legitimate public issue in long cases.
3. Persistence in the Face of Vexatious Opposition: Stop writ (using defamation to trigger sub judice) is disfavored.

Other Forms of Contempt

• Contempt in the Face of the Court:
  • Misbehavior in courtroom (e.g., chanting, throwing objects).
  • Disrespectful behavior (e.g., eating, using devices without permission).
• Disobedience Contempt:
  • Refusing court orders.
  • Not complying with suppression orders.
  • Disclosing sources (journalist's dilemma between protecting source and court order).
• Revealing Jury Deliberations:
  • Banned in many places.
  • Identification of jurors prohibited.
• Scandalising the Court:
  • Undermining public confidence in justice system.
  • Careful with strongly critical articles about court decisions/judges.
  • Avoid insults - base comments on substantial grounds.

Other Issues

• It's illegal to identify victims of sexual offences.
• Restrictions reporting findings related to suicide when reporting on coronial courts.
• Judges can declare trials closed to media.

Other Defenses to Contempt

• Fair and accurate report.
• Justification and fair comment.
• Prompt correction and apology.

What’s Weird About Contempt Laws?

1. No right to a jury.
2. The judge who was offended can be the same person who decides the verdict and pronounces the sentence.
3. Punishments range from community service and fines to jail time.
4. Jail sentences can be open-ended pending agreement to answer questions or produce documents.