8. Two men are jailed after pleading not guilty to fraud charges. Defence counsel tell the crown Court, after the sentencing that the men will eventually appeal against conviction. In the light of the lawyers' statement. When can a newspaper safely publish a background article which had been prepared for when the trial was over? The answer must illustrate how conclusions are based on the Contempt of Court Act 1981. (15 marks)
Answer:
It is safe to publish the background article after the sentencing because at that point the case ceases to be “active” under the Act.
The case would become “active”again when the appeal is lodged, so nothing should then be published which creates a substantial risk of serious prejudice.
However such an appeal would be heard by the Court of Appeal and the judges there are unlikely to be influenced by pre-appeal media coverage, so there is no risk of it breaching the rule in that respect.
But if a new jury trial is ordered to take place, at that point care must be exercised in what is published to avoid committing contempt/creating a substantial risk of serious prejudice as regards the retrial.
9. A man pleads guilty in a magistrates' court to charge of theft from his employer. There is no departure from the usual court procedure, but at the end of the case, after the man has been fined, his solicitor asks the magistrates to consider asking an order permanently prohibiting the man's identification in newspaper reports of the case. The solicitor says that such publicity would harm his client's chances of finding a alternative employment
Can the magistrates validly make such an order at the end of the case under the Contempt of Court Act? The answer must indicate how conclusions are reached. (10 marks)
Answer:
Under Section 11 order of Contempt Court Act, it states the order is an order whereby the court can extend a courtroom ban on the use of someone's name or other details to prevent publication of that information by the media. Only to be granted:
(1) where necessary; (2) to avoid frustrating or rendering impractical; (3) the administration of justice; (4) not for the comfort and convenience of the defendant; (5) cannot be used unless name and/or address has already been withheld from the public in the case.
Typically the order is used to protect blackmailed victims; protect national security, state secrets by not revealing alleged betrayal's identity; as well as forbidding reports of the case publishing the data or process details.
Therefore, the magistrates cannot validly make such an order at the end of the case.
10. What circumstances could publishing a photograph of a defendant be regarded as being in contempt of court because of a statute? What is the relevant statute?
Name the Act which bans the taking of photographs, or making of sketches, of people involved in court cases when they are inside a courtroom. Does this law apply beyond the actual courtroom? Explain the law's scope, and how court artists comply with it while producing sketches for the media. (25 marks)
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11. A woman pleads guilty in a magistrates' court to stealing good worth £30 from a supermarket. She tells the court that she stole to fed her two hungry children children that day, after her benefit money ran out. She is put on probation for two years.
One local newspaper, in its first available issue, reports this court case fairly and accurately, except that is names the wrong supermarket.
Another weekly paper caries, on the same day, a report of the case which is fair and accurate and gives the same quote and detail but for the fact that it states the value of the stolen goods to have been £300.
Explain the position in defamation law of both newspapers, as regards these particular court reports.
Can either or both be sued successfully for libel?
In your answer, set out what the law requires of reports of court cases, if a media organisation is to enjoy protection from libel actions when publishing such reports. (20 marks)
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13. Sam Nemot, a Member of Parliament, is found guilty at the Crown Court of rape and sentenced to five years' imprisonment. The next day The Daily Oracle publishes a news story reporting the verdict and sentence, and an editorial in which it expresses opinions which include, “Parliament is well rid of this man”.
Mr Nemot's conviction is later quashed by the Court of Appeal and the newspaper reports the next day that court's decision. He then sues that the newspaper over the original news story and the editorial comment.
What is the newspaper's liability, if any, for defamation?
Answer:
The newspaper's original news story is covered by absolute privilege, provided all the defence's requirements are met.
Under the Defamation Act 1996 Absolute Privilege for court copy in all UK courts, inquests, military courts, etc. It gives immunity from libel providing the article is: (1) fair (balanced); (2) accurate (especially charge, names, plea and case continuing) (minor inaccuracies will not defeat the privilege); (3) published contemporaneously (first available edition); and (4) the report is of judicial proceedings (not outbursts or interruptions [if people making them are not involved in the case] or reports not read out in court – so do not publish defamatory outbursts – they ar enot protected. Non-defamatory parts of outbursts may be published); (5) held in public in the UK (or in European Courts of Justice and Human Rights).
Non-contemporaneous court reports get Qualified Privilege.
The editorial comment is covered by fair comment. It applies to comments/opinions only. The defendant must proves: (1) the comment is recognisable as comment; (2) it is based on provably true facts or privileged matter; (3) sufficiently referred/alluded to, indicated or stated in what is published with the comment – usually set out in the article unless already well-known; (4) it is an honestly held opinion (I.e. what the writer genuinely believed); and (5) it was on a matter of public interest (including TV, film or restaurant reviews).
Therefore, as long as comment met the above requirements, it should be safely published.
Irish News used fair comment as the protection to successfully appealed its restaurant review case. The previous award was quashed on appeal.
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