Saturday, 11 May 2013

Contempt

Let's take a quick look at contempt and the five types of contempt that journalists are most likely to encounter while working.



Contempt can be defined as disobeying or disrespecting the rules, orders and customs of a court or legislative body. Contempt can be sentenced in the middle of a hearing and does not necessarily require a separate hearing.

5.  Sub-judice contempt

Sub-judice contempt consists of the publication of material that could create prejudice in an on-going trial. In the event of criminal case, journalists are restricted from publishing any information other than the "bare facts" of a case after an arrest has been made. In a civil case, this restriction is in place after the issue of a writ, statement of claim or summons.

4. Scandalising the court

Scandalising the court is the publication of allegations that can be seen to undermine the public's confidence in the justice system.

3. Revealing the deliberations of jurors

Fairly self explanatory, this is just revealing the deliberations of the jury.

2. Contempt in the face of court

Contempt in the face of court consists of misbehaving, or acting inappropriately, in a courtroom while it is in session.

1. Disobedience contempt

Disobedience contempt can be boiled down to refusing to comply with a court order. This includes refusing to answer questions, and refusing to deliver notes or other materials to a court or quasi-judicial body.

It is important to study contempt, what it means and the effect that it has on journalists so that we can avoid breaking the law while reporting.

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