The exact limits of the power to punish for contempt of court in respect
of statements or comments on the action of judges and juries, or with
reference to _pending_ proceedings, have been the subject of some
controversy, owing to the difficulty of reconciling the claims of the
press to liberty and of the public to free discussion of the proceedings
of courts of justice with the claims of the judges to due respect and of
the parties to litigation that their causes should not be prejudiced
before trial by outside interference. As the law now stands it is
permissible to publish contemporaneous _reports_ of the proceedings in
cases pending in any court (Law of Libel Amendment Act 1888, s. 3),
unless the proceedings have taken place in private (_in camera_), or the
court has in the interests of justice prohibited any report until the
case is concluded, a course now rarely, if ever, adopted. But it is not
permissible to make any comments on a pending case calculated to
interfere with the due course of justice in the case, nor to publish
statements about the cause or the parties calculated to have that
effect. This rule applies even when the case has been tried and the jury
has disagreed if a second trial is in prospect. Applications are
frequently made to commit proprietors and editors who comment too freely
or who undertake the task of trying in their newspapers a pending case.
The courts are now slow to move unless satisfied that the statements or
comments may seriously affect the course of justice, e.g. by reaching
the jurors who have to try the case.
Public-domain text, read in full here on John Shaqi.
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