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Media Freedom and Contempt of Court

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Edited by: Eric Barendt

ISBN13: 9780754627852
Published: October 2009
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £180.00 - Unavailable at Publisher



The essays discuss the restrictions imposed by contempt of court and other laws on media freedom to attend and report legal proceedings. Part I contains leading articles on the open justice principle. They examine the extent to which departures from that principle should be allowed to protect the rights of parties, in particular the accused in criminal proceedings, to a fair trial, and their interest in being rehabilitated in society after proceedings have been concluded.

The essays in Part II examine the topical issue of whether open justice entails a right to film and broadcast legal proceedings. The articles in Part III are concerned with the application of contempt of court to prejudicial media publicity; they discuss whether it is possible to prevent prejudice without sacrificing media freedom. Another aspect of media freedom and contempt of court is canvassed in Part IV: whether journalists should enjoy a privilege not to reveal their sources of information.

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Subjects:
Media and Entertainment Law
Contents:
Part I The Open Justice Principle:
Courts, transparency and public confidence – to the better administration of justice, Beverley MacLachlin
The principle of open justice: a comparative perspective, J.J. Spigelman
A public right to know about public institutions: the 1st Amendment as sword, Anthony Lewis
Name suppression: an adjunct to the presumption of innocence and to mitigation of sentence, Roderick Munday
Automatic reporting restrictions in criminal proceedings and Article 10 of the ECHR, Ian Cram
Democracy and the demystification of courts: an essay, David A. Anderson.
Part II Cameras in the Court-Room:
Courts on television, Martin Dockray
Cameras in the courtroom – not without my consent, M. David Lepofsky
A comparative analysis of 1st Amendment rights and the televising of court proceedings, Daniel Stepniak.
Part III Prejudicial Media Publicity:
Punishing the press: using contempt of court to secure the right to a fair trial, Stephen J. Krause
You say 'fair trial' and I say 'free press': British and American approaches to protecting defendants' rights in high profile trials, Joanne A. Brandwood
Pre-trial publicity and its treatment in the English courts, David Corker and Michael Levi
Fundamental rights, fair trials and the new audio-visual sector, Clive Walker.
Part IV Journalists' Privilege Not to Reveal Sources:
Protecting journalists' sources: Section 10, Contempt of Court Act 1981, Stephanie Palmer
The priestly class: reflections on a journalist's privilege, William E. Lee
Protection against judicially compelled disclosure of the identity of news gatherers confidential sources in common law jurisdictions, Janice Braby
Name index.

Series: Library of Essays in Media Law

Library of Essays in Media Law: 4 Volume Set ISBN 9780754628019
Published October 2009
Ashgate Publishing Ltd
£725.00
Regulating Audiovisual Services ISBN 9780754627982
Published October 2009
Ashgate Publishing Ltd
£220.00
Freedom of the Press
Edited by: Eric Barendt
ISBN 9780754627821
Published September 2009
Ashgate Publishing Ltd
£190.00
Free Speech in the New Media
Edited by: Thomas Gibbons
ISBN 9780754627913
Published September 2009
Ashgate Publishing Ltd
£210.00