Strict Liability Contempt

CPS legal guidance explains that sections 1 and 2 of the Contempt of Court Act 1981 contain the rule that a publication creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced may be treated as a contempt of court — the 'strict liability rule'. Because liability is strict, a publisher can be found in contempt without any intention to prejudice the proceedings; what matters is the risk created by the publication itself, judged objectively.

The rule reaches further than simply restricting reports of the proceedings themselves. Guidance notes it may include publications which concern material the jury will not consider in the trial but which may influence them, such as misleading reporting that misrepresents the evidence, coverage that vilifies a person in the proceedings or presumes their guilt or innocence, and reporting of extraneous prejudicial material. The Attorney General's Office monitors compliance and can issue a Media Advisory Notice where reporting takes place, or is anticipated, in apparent disregard of the rule.