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Reporting the Proceedings of Tribunals
In addition to the regular criminal and civil courts, there are a bewildering array of courts, tribunals and enquiries. It is impossible to generalise about when the public have a right of access. If they do, there will usually be a qualified privilege to protect the publisher of a fair and accurate report from libel actions.
The strict liability contempt provisions will apply only if the body is exercising the judicial power of the state. By way of example, licensing authorities act administratively and therefore their proceedings are never ‘active’ for the purpose of the strict liability provisions. Employment tribunals and mental health review tribunals, on the other hand, do exercise a statutory judicial jurisdiction. Their proceedings will be active from the time a hearing date is set, but of course there will be no contempt unless the publication poses a serious threat to the integrity of the proceedings.
The strict liability contempt provisions will apply only if the body is exercising the judicial power of the state. By way of example, licensing authorities act administratively and therefore their proceedings are never ‘active’ for the purpose of the strict liability provisions. Employment tribunals and mental health review tribunals, on the other hand, do exercise a statutory judicial jurisdiction. Their proceedings will be active from the time a hearing date is set, but of course there will be no contempt unless the publication poses a serious threat to the integrity of the proceedings.
