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Contempt of Court and Freedom of Expression
Article 10(2) of the Convention expressly provides that the right to freedom of expression can be limited in order to maintain the authority and impartiality of the judiciary.
Contempt of court serves the primary function of protecting the integrity of court proceedings. The law relating to contempt of court is found in the Contempt of Court Act 1981 and in the common law.
Contempt of Court Act 1981
The Contempt of Court Act 1981 was enacted following a decision of European Court of Human Rights that English contempt law contravened Article 10 of the Convention. It was intended to give greater protection to freedom of speech. The Contempt of Court Act introduces a strict liability rule. The strict liability rule indicates that conduct tending to interfere with the course of justice - particularly legal proceedings - may be treated as a contempt of court regardless of whether there was any intent to so interfere.
The strict liability rule applies only to publications. These are defined so as to include any speech, writing, broadcast or other communication in whatever form which is addressed to the public at large or any section of the public.
Two important limitations on the impact of the strict liability rule are:
Contempt of court serves the primary function of protecting the integrity of court proceedings. The law relating to contempt of court is found in the Contempt of Court Act 1981 and in the common law.
Contempt of Court Act 1981
The Contempt of Court Act 1981 was enacted following a decision of European Court of Human Rights that English contempt law contravened Article 10 of the Convention. It was intended to give greater protection to freedom of speech. The Contempt of Court Act introduces a strict liability rule. The strict liability rule indicates that conduct tending to interfere with the course of justice - particularly legal proceedings - may be treated as a contempt of court regardless of whether there was any intent to so interfere.
The strict liability rule applies only to publications. These are defined so as to include any speech, writing, broadcast or other communication in whatever form which is addressed to the public at large or any section of the public.
Two important limitations on the impact of the strict liability rule are:
- It applies only to a publication which creates a substantial risk that the course of justice in the proceedings will be seriously impeded or prejudiced.
- It applies to a publication only if the proceedings are active.
