Summary
The Contempt of Court Act 1981 governs strict liability contempt — publications that create a substantial risk of serious prejudice to active court proceedings. It balances the right to a fair trial against freedom of the press, setting out when media reporting may be restricted and providing defences for fair and accurate reporting.
Key Points
- Strict liability rule: contempt regardless of intent (s.1)
- Applies only to publications creating substantial risk of serious prejudice (s.2)
- Proceedings must be 'active' — defined by schedules (Sch.1)
- Defence of innocent publication (s.3)
- Fair and accurate contemporaneous reporting defence (s.4)
- Discussion of public affairs defence (s.5)
- Sources protection — courts cannot require disclosure except in interests of justice (s.10)