Contempt Proceedings Permitted Against The Sun And Daily Mirror

Contempt proceedings against the media are rare but on 12 May the High Court granted the Attorney General permission to proceed against the publishers of the Sun and Daily Mirror newspapers for contempt of court in relation to their reporting of the police investigation of the killing of Joanna Yeates in late December 2010.

In this case, the Attorney General's action seems to be caused by the newspapers' apparent disregard of the notice he issued to the media in December that they should tread more carefully in the reporting of this investigation. The investigation had already been the subject of massive coverage but the arrest of a potential suspect, Chris Jefferies, on 30 December led to frenzied speculation. This intensity led the Attorney General to take the exceptional step of issuing a notice expressing concern. However according to the Attorney General, the two newspapers ignored this and continued to print lurid stories which created a substantial risk of serious prejudice or impediment to any subsequent trial.

The case against the Sun and Daily Mirror is novel because Mr Jefferies was subsequently released without charge and another individual was charged instead with the Joanna Yeates' murder. That individual has now admitted killing her. The allegation of contempt is therefore put on the premise that the newspapers created a risk of substantial prejudice to a trial that could have taken place. In other words, this action by the Attorney General is purely about pour encourager les autres. Strictly-speaking, the Attorney General is entitled to bring a contempt action for this purpose, the fact that the risk that may have been created by the articles did not ultimately affect the outcome of the case is immaterial because the policy behind the legislation is deterrence (Att.-Gen. v. English [1983] A.C. 116 at141, HL; Att.-Gen. v. Guardian Newspapers Ltd (No.3) [1992] 1 W.L.R. 874, DC). However an action brought in this circumstance raises major issues pursuant...