Ratio Decidendi
The Contempt of Court Act 1981 strict liability rule applies only to publications creating a substantial risk of serious prejudice to active proceedings. A mere incidental risk is insufficient.
Fakty
The BBC planned to broadcast a programme about a former member of the Provisional IRA while criminal proceedings were pending against other defendants.
Podsumowanie orzeczenia
The House of Lords held that the proposed broadcast did not create a substantial risk of serious prejudice to the pending proceedings and therefore did not constitute contempt.
Kluczowe cytaty
"The risk must be substantial and the prejudice must be serious."
— Lord Diplock
Późniejsze zastosowanie
Applied
Applied in subsequent media contempt cases.