How many defences to contempt exist under the relevant legislation?

Prepare for the NCTJ Essential Media Law Test. Utilize flashcards and multiple-choice questions, each equipped with hints and explanations. Ace your exam!

The correct answer is that there are three defences to contempt under the relevant legislation. Understanding the available defences is crucial in the context of media law, as they determine how a person or organization can legally respond to allegations of contempt of court.

The three defences to contempt include:

  1. Absolute Privilege: This defence applies when the publication stems from a court proceeding itself, such as reporting on court cases. If the information is provided in the course of judicial proceedings, it is generally protected, provided it does not prejudice the trial.

  2. Fair and Accurate Reporting: This allows for the publication of fair and accurate accounts of proceedings that are already in the public domain. The emphasis is on ensuring that the reporting does not misrepresent the proceedings in a way that could influence the outcome of the case.

  3. Impossibility of Complying with a Restraint Order: If a defendant can demonstrate that they could not comply with a restraint order, this can serve as a defence to contempt. For instance, if the information being published was not known to be subject to such an order or if they received it after the order was issued.

These defences provide important protection for media professionals and organizations to ensure that

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy