Unit 4: Contempt of Court and Mass Media
4.1 Concept and Meaning of Contempt of Court
The contempt — the court’s authority’s affront: the conduct undermining the administration of justice (the court’s dignity-and-authority + the due-process’s integrity). The two faces (the classic division):
- The criminal contempt (the out-of-court affronts (the media’s exposure face): the scandalising-the-court (the judiciary’s denigration (the authority’s erosion (the judge’s-or-institution’s contemptuous attacks))); the publications prejudicing proceedings (the sub-judice’s rule (the pending-case’s trial-by-media (the prejudice-to-the-fair-trial))); the interference’s faces (the witness-and-judge intimidation)).
- The civil contempt (the disobedience face (the order’s wilful-breach (the judgment’s enforcement’s contempt (the less-media-relevant face)))).
The media’s exposure (the exam’s core): the trial-reporting’s risk (the pending-case’s coverage (the guilt-presumption’s creation (the confession-publication (the prior-conviction-publication)); the witness’s exposure (the identification’s prejudice))); the court’s criticism (the judge’s-motive attribution vs the legitimate-criticism’s line (the fair-comment’s protection (U7.1’s companion))); the source’s privilege questions.
4.2 Types of Contempt of Court
- By the act’s nature: the scandalising; the prejudicing (the sub-judice); the disobeying; the obstructing (the court’s-process interference (the records-and-officers)).
- By the stage: the in-facie (the courtroom’s affronts (the judge’s immediate jurisdiction (the summary power))); the ex-facie (the outside-court publications (the media’s world (the notice-and-hearing’s fuller process))).
- By the medium’s era: the traditional (the print’s publication); the broadcast’s faces; the digital’s amplification (the viral’s contempt (the platform-and-sharer’s liability questions (the LAW5705-U’s interface))).
The sub-judice’s operation (the practical rule): the pending-proceedings’ identification (the case’s live-ness (the filing-to-the-disposal window)); the prejudice’s test (the real-risk face (the substantial-likelihood’s stricter discipline (the common-law line’s face))); the safe-harbours (the fair-and-accurate-report (the public-proceedings’ reporting privilege (U2.6’s companion)); the commentary’s general-legal-discussion).
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