the law must protect the freedom of expression. This right is important for the public, for they have the right to be informed about the court proceedings to make sure they know that the legal system works accordingly. Contempt by publication can occur via two ways; through the ‘strict liability’ contempt and through common law contempt.

Contempt of Court Act 1981
The Contempt of Court Act 1981 introduced the strict liability rule. Section 1 CCA stipulates ‘the rule of law whereby conduct may be treated as a contempt of court as tending to interfere with the course of justice in particular legal proceedings regardless on intent to do so.’ This means that the offenders’ intentions play no role when deciding whether there is a contempt of court. There are, however, limitations to the strict liability rule. Section 2 CCA stipulates four requirements that need to be fulfilled. First of all, there needs to be a publication. The publication must create a ‘substantial risk’ that could impede or prejudice the course of justice in the proceedings. Additionally, the proceedings need to be active at the time the publication takes places.

Publication
A publication includes ‘any speech, writing, programme included in a cable programme service or other communication in whatever form, which is addressed to the public at large or any section of the public.’ When looking at whether there is a publication, the public it could reach plays an important factor. One looks at whether the publication reaches the public at large or whether it is only read by a specific section of the public; e.g. readers, subscribers or members.

Substantial risk to serious prejudice
A factor that is often taken into account, is the type of court that is hearing the case. It could make a difference whether a court with a judge will rule or whether it is a jury which has to make the decision. It is generally believed that juries will be more easily prejudiced, for they have no legal knowledge or training. Naturally, a judge can still be prejudiced by the media, but it is assumed that this will happen less quickly than with a jury.