Contempt of Court Act 1981
UK Speech Law Reference — Law 10 of 12
The Contempt of Court Act 1981 restricts publications that could prejudice legal proceedings, balancing free speech with the right to a fair trial.
Strict Liability Rule (ss.1-2)
Publication creating a substantial risk that the course of justice in active proceedings will be seriously impeded or prejudiced. This applies regardless of intent. Active proceedings means proceedings are ongoing, not merely contemplated.
Key Defences
Innocent publication (s.3): Publisher did not know and had no reason to suspect proceedings were active.
Fair and accurate report (s.4(1)): Contemporaneous report of legal proceedings held in public.
Public affairs discussion (s.5): Publication as part of good faith discussion of public affairs where risk of prejudice is incidental.
Penalties
Superior court: up to 2 years. Inferior court: up to 1 month and/or 2,500 pounds fine.
Source: legislation.gov.uk. This page is for informational purposes only and does not constitute legal advice.