Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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As a journalist am I prevented from talking or writing about a court case?
- The general public has an endless fascination with what goes on in court cases.
- While the public has a right to know how our system of justice is administered there are limits controlling how a journalist can report on court hearings.
- Our laws of contempt impose limitations on the reporting power of the media in order to protect an accused person’s right to a fair and impartial trial.
- These laws also seek to maintain the authority and integrity of our court system.
- Contempt laws are complex in nature. If you have any other questions about how they apply in a specific situation you can use our free and anonymous Ask a Lawyer service.
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Can I publish an interview with a witness before the case finishes?
- You should not publish an interview with a witness before the proceedings are completed.
- Proceedings are not complete until a person’s right to appeal the decision made by the court expires.
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What is the key rule to knowing what I can publish from a case before it is completed?
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What can I report on while the proceedings are still going?
- The only thing that should be reported is an accurate unbiased account of the actual proceedings in court.
- You should not publish any statements about the accused or the witnesses.
- There is a wide range of laws restricting reporting of particular material even in open tribunals.
- You are legally entitled to report on the following details:
- the identity of the court and the names of the judges;
- the names, addresses and occupations of the parties to the hearing;
- the names, addresses and occupations of the witnesses;
- the ages of the accused and the witnesses;
- the nature of the offence;
- the names of the lawyers engaged in the case;
- the charges made against the accused;
- any arrangements regarding bail; and
- whether legal aid was granted.
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Can I publish the whereabouts of the accused?
- No. You should not reveal that the accused is in custody or which prison they are in unless this information has already been available to the jury.
- Similarly you should not disclose that the accused was denied bail or is already in jail for another offence.
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What are some tips for when I’m planning the advertising for my business?
- Remember to note important legal limitations or exceptions as prescribed by the Australian Competition and Consumer Commission.
- Ask someone who has not seen the advertisement what impression they get after reading or listening to it.
- You should also be prepared to substantiate any claims you make about your product or service with facts and documented evidence.
- You can use our LegalPlan™ membership to ask lawyers for tenders in relation to your advertising compliance needs.
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What is contempt?
- The common definition of contempt is to be full of scorn for something.
- Contempt also has a distinct legal meaning. In this context it means to interfere with the proper course of justice.
- Allegations of contempt are taken most seriously by the courts. This is because courts can only operate properly if they are independent from all external interference.
- A journalist who discloses details of a defendant’s prior criminal convictions before the end of the trial would likely to be held in contempt.
- The underlying reason for this is that such a disclosure may prejudice the judge or jury against the defendant and reduce their chances of a fair trial.
- You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.
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