2.1Publishing material that prejudices the administration of justice may be contempt of court. Contempt arises when a publication crosses the line between fair and accurate reporting and interference with the course of justice. The contempt may take the form of interference with a particular case that is before the courts or may more generally prejudice the course of justice by eroding access to justice or public confidence in the justice system.
2.3In this chapter we consider the current law of contempt applying to publications that interfere with the right to a fair trial and examine the case law applying to public statements and other publications seeking to improperly influence a litigant or the courts. We then outline proposals contained in our Issues Paper and feedback from the submissions we received. The chapter concludes with our recommendations for reforming publication contempt.