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Law assignment 3 - Coursework Example

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In order for a publication or person to be found in contempt of court, the following conditions, as covered by the strict liability rule, apply: (1.) proceedings are not active; (2.) there is a substantial risk of serious prejudice. Therefore, the story will have to be…
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Download file to see previous pages 2. By publishing the description of a man sought for questioning, the mass media could actually create a risk of serious prejudice to an active case. But in this scenario, the case is inactive and the man is merely sought for the purposes of question clarification. Therefore, the media can warn the public about the dangers of dealing with this man. This is so that the public may be warned in case the person sought is armed or violent in some ways. Public safety is of the utmost concern in such situations. However, once a warrant of arrest is issued, the media will no longer be able to use the mans name or description as it would serve a prejudicial purpose in the case.
3. Section 4 (1) is the ruling that protects court reporters from being accused of contempt because it states that “a person cannot be found guilty of contempt under the Strict Liability Rule” in relation to “fair and accurate report of legal proceedings held in public published contemporaneously and in good faith.” That is provided that there has been no court order pertaining to the postponement of reports on certain legal matters or bans on the identification of the person and other information. The ruling applies regardless of the judge not issuing or postponing a banning order. This ruling is further supported by Section 4(2) which is the postponement order. This postponement order allows the courts to prevent the media from reporting on a court case or a portion of a court case. This is done in order to “avoid substantial risk of prejudice” to other facets of the case in the upcoming or later stages. This ruling does not put a permanent ban on media coverage of an issue. There is an expectation that certain reporting rules may eventually relax in relation to prejudice in the case. A challenge may be posed to Section 4(2) if a ban is placed on the publication of certain situations that should not ...Download file to see next pagesRead More
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