ABSTRACT

This chapter aims at the origins of section 41 and at the merits of the general prohibition on televising the work of English courts. It argues for a review of the law. The application of the 1925 Act to television is an accident of English legal history. In contrast with the position in 1925, television is thought to be the single most important source of news for the general public. It is undoubtedly the most important medium in which issues of general concern can be treated and public opinion formed and informed. Television could also play an enhanced political role if courtroom proceedings could be recorded by making public scrutiny of the law and its institutions more informed and more effective. The vast majority of litigants have no reason to fear television coverage any more than they at fear exposure in newspapers.