UNIT 4 CONTEMPT OF COURT
3.1 Contempt of Court as Related to the Mass Media
The mass media can run foul of the law of contempt in the following ways:
a) Scandalizing the court: The dignity of the court may be offended if a report published is such that the public may be influenced to cast derision or ridicule at the court or at the judge or magistrate’s personality. To become contempt, however, the publication must be such that it tends to incite misgivings as to the integrity, propriety and impartiality of the members of the court acting as a body. If by such publication the faith of the public in the judicial system is so shaken that litigants are deterred from placing complete reliance on the administration, it is a serious contempt. Comments which tend to lower the court’s authority are the chief sources of such contempt. If the court’s proceedings are misrepresented, leading to a lowering of the court’s dignity it may also be contempt.
b) Prejudicing a fair trial: Most attachments and motions for contempt involving the Press arise out of this category. A publication, which has a tendency to prejudice the course of justice, is contemptuous. The intents with which such a report is written or published have little bearing on the matter in general, although it will be seen later that there are exceptions. The decisive factor in most instances is the tendency of the matter published to prejudice a fair trial.
c) Interfering with proceedings: This section includes insulting, assaulting or willfully obstructing a judge, witness, juror, litigant, lawyer or court officer during a court proceeding, or on the way to or from the court. It also applies to anyone who willfully misbehaves in court or willfully interrupts the court. Anyone who shows disrespect for the court either by this words or by his actions is similarly guilty of contempt.
d) Failure to obey court order: A judge may rule that no photos may be taken in the courtroom, or order reporters not to publish stories about certain aspects of a case. If these orders are disobeyed, a contempt citation may result.
e) Refusal of a journalist to disclose the identity of a source or to testify in court may lead to a contempt of court. It must however, be noted that the court is not unmindful of the claim by journalists not to disclose their sources of information as we have seen in Tony Momoh Vs. Senate.
Contempt is provided for under different sections of our law – the criminal code, constitution and under the common law. The two distinct approaches to dealing with the issue of contempt is due to the different procedures provided under the relevant sections of the law.
Section.133 of the criminal code approach requires type of contempt to be tried before a different court from that where the alleged offence occurs and further requires a formal charge, plea, trial and verdict.
Whereas, the mode adopted under S.6 of the criminal code, assumes the inherent jurisdiction of the court in common law to punish summarily.
One hitch in this approach, which has been overlooked by Nigerian Judges and the Supreme Court alike, is that English Common Law confers this power only upon Superior Courts of record, the Nigerian case law approach gives this power to the lower and higher courts alike.
So in practice both the High Courts and Magistrate Courts can summarily punish for contempt.
3.2 Defenses
A journalist that is charged for contempt may plead any of the following defenses:
a) The conduct or behaviour complained of does not amount to contempt of court in law.
b) The court will pardon alleged contempt if the conduct is unintentional and purgedbysincere apology and credible explanation.
c) The acts or omission were from a honest and reasonable mistaken belief.
d) The Acts/ omissions were due to a misconception of the law thereby flouting a court’s orders.
e) For example in the case of a publisher of a newspaper, the acts or omission were done without his knowledge or approval and not communicated to him.
3.3 Appeal Against Conviction
Generally where there is no formal charge i.e. in cases of summary conviction there is no right of appeal. However, in certain parts of Eastern Nigeria, there is now a general right of appeal against summary conviction for contempt.
Self Assessment Exercise 4.1
1) Differentiate between civil and criminal contempt.
2) Explain four ways in which a journalist can commit contempt of court.
4.0 CONCLUSION
The court system would cease to operate as it does if people had a choice of whether or not to obey a court order. Without the power to coerce behaviour, judges would be unable to discharge their duties and responsibilities, and courts would become mere boards of arbitration that issue advisory opinions.
5.0 SUMMARY
The power of a judge to punish for contempt of court is a remnant of the power of English royalty. Today, courts have broad powers to punish persons who offend the court, interfere with legal proceedings, or disobey court orders. Contempt is used both to protect the rights of private persons who are litigating matters in the courts and to punish a wrong committed against the court itself.
6.0 TUTOR MARKED ASSIGNMENT (TMA)
Enumerate the various defenses open to a journalist who is accused of contempt of court.
7.0 REFERENCES/FURTHER READINGS
Osinbajo, Yemi and Fogam, Kadinga (1991): Nigeria Mass Media Law, Lagos Gravitas Publishers & Ltd.
Pember, Don (2003/2004) Mass Media Law, Boston, McGraw Hill.
Yakubu, Adenola (1999): Press Law in Nigeria, Lagos Malthouse Press Ltd.
UNIT 5 HINTS ON COURT REPORTING