Communication, contempt and privilege 2013
Upcoming SlideShare
Loading in...5
×

Like this? Share it with your network

Share

Communication, contempt and privilege 2013

  • 461 views
Uploaded on

A lecture for journalism and media students on the Australian contempt of court laws, privilege and freedom of speech. ...

A lecture for journalism and media students on the Australian contempt of court laws, privilege and freedom of speech.
It covers contempt of court, the rights and responsibilities of the media in reporting on and about the legal system and explores absolute and qualified privilege

More in: Education
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Be the first to comment
No Downloads

Views

Total Views
461
On Slideshare
461
From Embeds
0
Number of Embeds
0

Actions

Shares
Downloads
7
Comments
0
Likes
1

Embeds 0

No embeds

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
    No notes for slide
  • The defense has become very important in the UK, especially after a case involving allegations made by the Sunday Times against the Irish Taoiseach Albert Reynolds. During that case the judge outlined a ten point test of 'responsible journalism'. If reporters and editors followed these points, the judge said, they would enjoy a degree of protection from libel action, even if they could not prove factual allegations.

Transcript

  • 1. Contempt – balancing act • The notion of the balancing of interests: – The public interest in maintaining the administration of justice. – The interest of ensuring the right of an accused to enjoy a fair trial. VS – The broader public interest in freedom of expression and freedom of press. Pearson pp: 98-99; 103-4; 111-12 http://www.studentatlaw.com/articles/125/3/Contempt-and-Open-Justice/Page3.htm l
  • 2. The fair administration of Justice Therefore the public interests of administration of justice and accused’s rights are not absolute interests Justice seen to be done Importantly for the media this also involves the right (or privilege) to report on the justice system and about the justice system in a way that contributes to the fair administration of justice.
  • 3. • • •
  • 4. Striking a Balance • • • •
  • 5. A compact of reduced rights • • •
  • 6. • • • • • • • •
  • 7. • • • • • • • •
  • 8. • • • • • Veteran broadcaster Derryn Hinch expects he'll end up in jail if convicted for contempt of court over the Jill Meagher case. Hinch says he has been issued with a writ for contempt of court for publishing details about Ms Meagher's killer. Read more: http://www.theage.com.au/victoria/hinch-on-contempt-charge-over- meagher-case-20130625-2ov7m.html#ixzz2dnl1GiOy
  • 9. • • •
  • 10. • • • • • • • • • •
  • 11. • • •
  • 12. • • • • •
  • 13. • • • • •
  • 14. • • • • • •
  • 15. • • • • •
  • 16. • • • •
  • 17.
  • 18. Bread Manufacterers’ Decision •
  • 19. • • • • • Contempt of court: a matter of legal judgment UK law on contempt applies to any publication that creates 'a substantial risk' of prejudicing the course of justice http://www.theguardian.com/media/2011/jan /10/contempt-of-court
  • 20. • • • •
  • 21. • • • • • •
  • 22. • • • • • • • •
  • 23. • • • • • •
  • 24. • • • • •
  • 25. • • • • • •
  • 26. • • • • • •
  • 27. • • • • •
  • 28. • • • • • •
  • 29. noun • a special right, advantage, or immunity • granted or available only to a particular person or group • something regarded as a special honour expression • education is a right, not a privilege [mass noun] • he has been accustomed all his life to wealth and privilege • I had the privilege of giving the Sir George Brown memorial lecture
  • 30. absolute privilege • especially in a parliamentary context • the right to say or write something without the risk of incurring punishment or legal action for defamation • the right of a lawyer or official to refuse to divulge confidential information • •
  • 31. • • • • To qualify for this defense, a report must be one of a public meeting/press conference that is: • Fair • Accurate • Published without malice • Subject to the right of reply in the form of a letter that gives explanation or contradiction • It need not be contemporaneous (depending on publication), where it has to be for absolute privilege