WILL LIVE, REAL LIFE COURT TV CHANGE OUR CONSERVATIVE LAWS ON CONTEMPT OF COURT?
Kreuztal One of the consequences of the current TV and radio broadcast of the Presidential Election Petition is that people are talking about the case. It doesn’t appear as if anyone is interested in stopping it. And they are not just talking; they are criticising the parties, the lawyers and even the court. Such free unhindered commentary on a pending case is unprecedented in our legal history. Note that thus far, no one has cited anyone for contempt. Is it the case that anyone who makes such an application will be laughed out of the court? Literally, almost everyone is guilty of contempt where this case is concerned.
I am convinced that one of the laws that the current TV broadcast of the Presidential Election Petition should change forever is the law on CONTEMPT OF COURT. And it might be time to consider legislation to regulate the application of the law of Contempt of Court, to move away from its current conservative and narrow application. We don’t have a choice. The live coverage must broaden the bounds of public commentary on pending cases.
Let’s start from the general principle. The court has a general power to punish contempt by committing the offender. The underlying object and purpose of the law of contempt is to maintain the right of the citizen to a fair and unimpeded system of justice and to protect orderly administration of law. The due administration of justice requires unhindered access of all citizens to the court, justice free from bias and no usurpation of the function of the court to decide according to law.
There are generally two classifications of contempt: civil contempt (i.e. conduct involving a breach of a court order) and criminal contempt (refers generally to other conduct which interferes with the due administration of justice).
But of particular interest to me this morning is the latter, CRIMINAL CONTEMPT. It generally refers to words or acts that obstruct or tend to obstruct or interfere with the due administration of justice. It also has two manifestations:
(i) Contempt in facie curiae – i.e. contempt in the face of the Court: this is not confined geographically to the courtroom. It refers to any word spoken or act done in or in the precinct of the court, which obstructs or interferes with the due administration of justice or is calculated to do so, e.g. attempts to interfere with witnesses, assaults in court, insults to the court, interruption/disruption of court proceedings, RECORDING, FILMING, PHOTOGRAPHING OR SKETCHING IN COURT WITHOUT THE COURT’S PERMISSION, disobedience to a subpoena, refusal to be sworn and/or answer questions; and
(ii) Contempt outside the Court: words spoken/published, or acts done outside the court, intended or likely to interfere with/obstruct the fair administration of justice. This applies to acts that interfere with or obstruct persons having duties to discharge in a court or officially connected with court proceedings (e.g. bailiffs), obstructing the process of court, assisting in the breach of an injunction or undertaking. ALSO COVERED ARE PUBLICATIONS INTENDED OR LIKELY TO PREJUDICE THE FAIR TRIAL OR CONDUCT OF PROCEEDINGS, PUBLICATIONS WHICH PREJUDGE OR PRE-EMPT ISSUES IN PENDING PROCEEDINGS, and publications which scandalize or otherwise lower the authority of the court.
Should this still be the law? Trust me, I believe that this telecast/broadcast is gonna change a lot of things in this country.