Attorney General v Associated Newspapers Ltd & Anor [2011] EWHC 418 (Admin) (03 March 2011)

Attorney General v Associated Newspapers Ltd & Anor [2011] EWHC 418 (Admin) (03 March 2011)

Both defendants were guilty of contempt of court under the strict liability rule because the online publication of the prejudicial photograph during the trial created a substantial risk that a juror would see it and that the course of justice would be seriously prejudiced, regardless of the publishers' intent or the actual number of jurors who accessed the material.

Citation
[2011] EWHC 418 (Admin)
Parties
Claimant: Her Majesty's Attorney General; First Defendant: Associated Newspapers Ltd; Second Defendant: News Group Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
03 March 2011
Procedural Posture
Contempt of Court Committal Application / Judgment on Liability, Post Hearing, Before Penalty and Costs Submissions
Outcome
Liability for contempt established against both defendants; penalty and costs to be determined after further submissions.
Legal Topics
Strict Liability Contempt, Online Publication, Jury Prejudice, Fair Trial, Publication Risk Assessment
Criminal Law Media Law Contempt of Court Strict Liability Contempt Online Publication Jury Prejudice Fair Trial Publication Risk Assessment

Case Brief

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Parties

Her Majesty's Attorney General

Claimant

Associated Newspapers Ltd

First Defendant

News Group Newspapers Ltd

Second Defendant

Procedural Posture

Contempt of Court Committal Application / Judgment on Liability, Post Hearing, Before Penalty and Costs Submissions

Legal Issues

  1. 1 Whether online publication of prejudicial material during a criminal trial constitutes contempt under the Contempt of Court Act 1981
  2. 2 Whether the publications created a substantial risk that the course of justice would be seriously impeded or prejudiced

Ratio Decidendi

Both defendants were guilty of contempt of court under the strict liability rule because the online publication of the prejudicial photograph during the trial created a substantial risk that a juror would see it and that the course of justice would be seriously prejudiced, regardless of the publishers' intent or the actual number of jurors who accessed the material.

Court Disposition

Liability for contempt established against both defendants; penalty and costs to be determined after further submissions.