ABSTRACT
Do you consider that the Contempt of Court Act 1981 has succeeded in creating a fairer balance between freedom of speech and the administration of justice?
Answer plan
A reasonably straightforward essay question if you are familiar with the reforms in this area undertaken after the Sunday Times decision by means of the Contempt of Court Act 1981. The following matters should be discussed: • the need to show a substantial risk of serious prejudice under
s 2(2) of the Contempt of Court Act 1981; • the concept of ‘active’ proceedings under s 2(3) and Sched 1
of the 1981 Act; • discussions in good faith under s 5; • the survival of common law contempt and its relationship
with the 1981 Act; • intention to prejudice the administration of justice; • the concept of imminence in common law contempt; • the possibility of establishing a ‘trial by newspaper’.
