MEDIA LAW(PART TWO)

Main Text: Osinbajo, Y. and Fogam, K. (1991). Nigerian Media Law. Lagos: Gravitas

Publishments.

Contempt

Contempt of court

It is common practice in most countries of the world to establish a court system to settle legal disputes and maintain law and order, and such a court system must have authority which must not be revered

and unimpeded.

Contempt

Contempt of courtThe law which guarantees the authority and functioning of the legal system in such a way that such authority is not flouted or impeded is the law of contempt, which is a body of rules established to safeguard the due administration of justice.

Contempt

Contempt of court

The application of this law stems from the extraordinary powers of judges to control what happens in and around the court premises.

Contempt

Contempt proceedings are subject to two principal sources of law:

1. Common Law

2. Statutes

Contempt

Common Law Principles on Contempt What does contempt involve?

“Contempt of court is a generic term descriptive of conduct in relation to particular proceedings in a court of law which tends to undermine that system or inhibit citizens from availing themselves of it for the settlement of their disputes”.

Contempt

Common Law Principles on Contempt What does contempt involve?

“any act or publication that delays or interferes with the administration of justice in the courts, or that causes justice to miscarry, or that tends to have either of these effects may, under the law, be held to be in contempt of court and be punished by fine or imprisonment or both”.

Contempt

Common Law Principles on Contempt What does contempt involve?

Perhaps the most favoured definition is :

“…any conduct that tends to bring the authority and administration of the law into disrespect or disregard or to interfere with or prejudice parties litigant or their witnesses during litigation”. (J.F. Oswald)

Contempt

Common Law Principles on Contempt What does contempt involve?

It is important to note that the law of contempt is quite uncertain and inexact, though it is frequently classified into two namely: 1. civil contempt2. criminal contempt

Contempt

Common Law Principles on Contempt Civil ContemptCivil Contempt, also known as “Contempt in procedure” or “Constructive Contempt” is a wrong done to a person who is entitled to the benefit of an order or judgment

Contempt

Common Law Principles on Contempt Civil ContemptThe primary purpose of civil contempt is to coerce compliance with the court order or ruling.

Contempt

Common Law Principles on Contempt

Civil ContemptA good example of civil contempt is the failure of a party to a civil suit to carry out the terms of a verdict or decision, or the willful disobedience of court orders or disobedience to a subpoena.

Contempt

Common Law Principles on Contempt Civil Contempt

Although, civil contempt often takes place outside the court and is essentially an infringement against private rights, the effect is usually a delay, an interference or an obstruction of the fair administration of justice.

It is therefore punished as if it is criminal contempt, with a jail sentence which ends whenever the court order is obeyed.

Contempt

Common Law Principles on Contempt Criminal Contempt

Criminal contempt “consist of any acts or words which obstruct or tend to obstruct or interfere with the administration of justice.”

Thus any obstruction of court proceedings or court officers, attack on court personnel, and deliberate acts of bad faith or fraud are examples of criminal contempt.

Contempt

Common Law Principles on Contempt Criminal ContemptThere are two principal forms of criminal contempt: * direct criminal contempt, and* indirect criminal contempt

Contempt

Common Law Principles on Contempt Direct Criminal ContemptA direct criminal contempt consists of words spoken or act done in the precincts of the court which obstructs or interferes with the due administration of justice or is calculated to do so.

This is also known as facie curiae.

The main factor that underlies direct contempt is the judge’s personal knowledge of the events that occurred.

Two journalistic activities – taking pictures in court and refusal to testify as to a news source or reveal the source of news have been known to result in contempt.

Contempt

Common Law Principles on Contempt Indirect Criminal ContemptIndirect criminal contempt also called ex facie curiae is misconduct which occurs away from the court precincts but which still interferes with the proceedings of the court.

Contempt

Common Law Principles on Contempt Indirect Criminal ContemptIndirect criminal contempt (or constructive contempt) is misconduct which occurs outside the vicinity of the court but which still interferes with the proceedings of the court.This may be: [1] acts which interferes with the administration of justice and [2] publications which have the same effect.

Contempt Indirect Criminal Contempt

acts which interfere with the administration of justice

any act which prevents or is intended to prevent such persons as judges, witnesses, solicitors, bailiffs, etc. from carrying out his official duties is contempt of court.

Contempt Indirect Criminal Contempt

publication which interferes with the administration of justice

these are:1. publications of false and inaccurate report of court proceedings2. publications which discredits the court or judge3. publications likely to prejudice the fair trial or conduct of criminal or civil proceedings4. publications likely to interfere with the course of justice

Contempt Indirect Criminal Contempt

publication which interferes with the administration of justice

publications likely to prejudice the fair trial or conduct of criminal or civil proceedings

regardless of the form of the publication, there are three distinct stages in a trial in any or all of which newsmen or others may be liable in contempt of course because of their publications regarding a case. These are:1. before trial2. during trial3. after the verdict or decision has been rendered

Contempt Indirect Criminal Contempt

when is a case sub judice?

a case may be said to be sub judice once a writ or charge or summons has been issued however there may be a contempt as soon as proceedings are imminent but not yet initiated

Contempt Indirect Criminal Contempt

the test of liability

the test is whether in the circumstances there was a real risk [not just a remote possibility] that the fair trial of the action was likely to be prejudiced