How to know when you are in contempt of court

The factors journalists and publishers should consider during live court proceedings

A recent case involving activist Trudi Warner and her placard have raised the issue of contempt.

Contempt of court is the hot topic of the week after environmental campaigner Trudi Warner escaped prosecution for holding her now infamous placard (similar to the one pictured above).

The High Court ruled it was disproportionate to initiate contempt proceedings in the 69-year-old’s case, but the episode has reminded us all of the dangers involved in seeking to influence or inadvertently influencing live court proceedings.

It is important to note the Attorney General (A-G) was alleging Warner was guilty of common law contempt of court. This is rarely an issue for journalists and news publishers.

So what follows is a look at how we can become liable under the Contempt of Court Act, 1981 - which is the everyday danger we face when reporting. It is focused on contempt in criminal proceedings, though many of the principles can also be applied to civil proceedings .