CST120 Lecture Notes - Lecture 2: Sub Judice, Australian Press Council, Crime Time
BCM 113- Week 2- Lec 2/Tut The legal system
1827 newspaper acts opinion- defining boundaries of freedom of speech-
implied freedom not constitutional
- Recommendation for federal human rights act
- Freedom of speech iplied y the UN’“ delaratio of hua rights
it as ot util the 90s that ajor high ourt deisios held that the
Australian constitution contained an implied, but limited right to freedom of
speeh o topis of politial disussio iportat to know it is implied and
freedom in this case is restricted.
Shifting boundaries? Are current draft laws seeking to criminalise journalism in
Australia.
Two sources of law
1. Statute law- legislation passed by state, territory and federal parliaments
2. Common law- set out in decision of judges, decided in court cases, which
refers to judges’ interpretation of laws
Categories of law
1. Criminal law –concerns offences against state for which offenders can be
tried and punished e.g drug trafficking
2. Civil law- concerns the rights and obligations of individuals or companies
in their relationships with other individuals or companies
Contempt of court
- Despite open justice principle there are restrictions placed on publishers
when reporting on crime and the justice system
- Contempt of court means words or actions that interfere with proper
administration of justice or constitute a disregard for the authority of
the court
- Contempt laws are separate from other kinds of law.
Australian law of contempt
- Sub judice contempt – under of before a judge or court
- Scandalising the court
- Reealig juror’s delieratios, reealig hat happes i losed ourt
- Contempt in the face of the court – e/g pulling a camera out
- Disobedience contempt – journo unable to provide sources- massive
exposure
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