‘Trial by the media’.
An examination of domestic contempt law in England, critiquing its various underpinning models and considering the potential for reform.

Abstract

This thesis will focus on contempt of court law under the English Legal system and in particular, on potentially prejudicial or impeding publications and their effect on the ability to have a fair trial. As Lord Diplock remarked: ‘Trial by newspaper or, as it should be more compendiously expressed today, trial by the media, is not to be permitted in this country’. It will be assessed, primarily focusing on Article 6 and Article 10, as to whether the current system can be said to be compatible with the European Convention on Human Rights and Strasbourg’s jurisprudence. It will be questioned whether, even if such compatibility is found; whether contempt law is continuing to fulfil its underlying purposes. Consequently, it will look at the potential for reform in this area; and will consider whether the most likely and satisfactory mechanism for change would arise in the form of abolition, new parliamentary legislation and/or via the Courts using s.2, s.3 and s.6 of the Human Rights Act to reshape the current laws.