Search by

Year of Publication

Guidance concerning publications

Criminal prosecutions are understandably a matter of significant public interest and are appropriately the subject of public discussion and media attention. 

In certain cases, Courts make orders prohibiting the publication or disclosure of certain details about the proceedings, including non-publication orders and orders pursuant to the National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth).

In addition, there are limits to what can be published about a case that is before the court. 

A publication, whether by a reporter, publisher or individual, that poses a substantial risk of serious interference with the administration of justice in a proceeding may be in contempt of court. 

Any person who makes a public statement about proceedings should be cautious to ensure that any publications they make or statements they make which are published concerning a proceeding do not pose a substantial risk of serious interference with the administration of justice in that proceeding.

Contempt of court is a criminal offence.

Publications or statements may pose a substantial risk of serious interference with the administration of justice if they tend to influence or impair the impartial determination of the case by a jury. 

That can happen in many different ways, including by statements that: 

  • Suggest that a defendant is either innocent or guilty. 
  • Disparage or are prejudicial to a defendant. 
  • Create or seek to create or engender sympathy for a defendant. 
  • Disparage witnesses. 
  • Comment on the evidence that witnesses may give.

Publications capable of being a contempt of court can take a wide range of forms, including online and social media publications, speeches, newspaper articles, cartoons or photographs, television or radio broadcasts, as well as signage, posters or pamphlets. They can occur anywhere in Australia. 

Disclaimer 

This page is designed and intended to provide general information in summary form and is for general information purposes only. 

This information does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied on as legal advice. 

You should seek specific legal advice or other professional advice in relation to any particular concerns you may have.