Contempt of Court Rules Every UK Reporter Must Know

What Is Contempt of Court?

Contempt of court is any conduct that interferes with, or risks interfering with, the administration of justice. For journalists, the primary concern is the strict liability rule under the Contempt of Court Act 1981, which makes it a criminal offence to publish material that creates a “substantial risk of serious prejudice” to active court proceedings — regardless of your intent.

This means even well-intentioned reporting can constitute contempt if it risks influencing jurors, witnesses, or the fairness of a trial. The Act applies to all forms of publication, including online articles, social media posts, and broadcast reports.

When Proceedings Are “Active”

The strict liability rule only applies when proceedings are “active” as defined by Schedule 1 of the Act:

• Criminal cases: Proceedings become active from the point of arrest (without warrant), the issue of an arrest warrant, the service of a summons, or the charging of a suspect via oral charge or postal requisition.
• Civil cases: Active from the date the case is set down for trial or a date is fixed for the hearing.
• Appellate proceedings: Active from the date of filing of the appeal or application for leave to appeal.
• Proceedings end: When the case is concluded by verdict, sentence, acquittal, discontinuance, or withdrawal.

The “Substantial Risk of Serious Prejudice” Test

Under Section 2 of the Act, publication of material is contempt only if it creates a substantial risk that the course of justice will be seriously prejudiced. Both elements must be satisfied — the risk must be more than remote, and the prejudice must be more than trivial.

Courts consider factors including:

• The likelihood that the material will reach potential jurors or witnesses
• How close to the trial date the publication occurs (the “fade factor”)
• Whether the case involves a jury trial (magistrates are presumed to be resistant to media influence)
• The nature and extent of the publication

What You Must Not Publish During Active Proceedings

• Previous convictions of the defendant (unless they arise in open court)
• Confessions or admissions not yet presented to the court
• Evidence that has been ruled inadmissible
• Comments on the defendant's character or credibility
• Photographs that could prejudice identification evidence
• Details of bail hearings (which are generally subject to reporting restrictions)

Reporting Restrictions: Section 4(2) and Section 11

Courts have specific powers to impose reporting restrictions:

Challenging restrictions: Journalists have the right to challenge Section 4(2) and Section 11 orders. If you believe an order is too broad or unjustified, your publication's legal team can apply to have it varied or lifted. The Judicial College has published guidance stating that courts should give reasons for imposing restrictions and should not make orders wider than necessary.

Section 10: Protecting Journalistic Sources

Section 10 of the Contempt of Court Act provides that no court may require disclosure of a journalist's source unless it is “necessary in the interests of justice or national security, or for the prevention of disorder or crime.”

This protection is not absolute. Courts have ordered disclosure in notable UK cases. However, Article 10 of the European Convention on Human Rights (freedom of expression) provides additional protection, and courts must balance these rights. As a practical matter:

• Use encrypted communications with confidential sources
• Minimise the metadata trail (consider using Signal or similar)
• Discuss source protection protocols with your editor before publication
• If served with a disclosure order, seek legal advice immediately — you may be able to appeal

Social Media and Contempt

The contempt rules apply equally to social media. Tweeting, posting, or sharing material that creates a substantial risk of serious prejudice to active proceedings is just as much contempt as printing it in a newspaper. The Attorney General has prosecuted social media users for contempt, and journalists are held to an even higher standard.

Practical Tips for Court Reporters

1. Check the court list before attending — know what cases are being heard and any existing reporting restrictions.
2. Listen carefully for orders — judges sometimes impose restrictions mid-hearing. If you miss something, ask the court clerk.
3. Take accurate notes — court reporting is covered by qualified privilege, but only if your report is a fair and accurate contemporaneous report of public proceedings.
4. Don't photograph in court — photography and filming in court buildings is a criminal offence under Section 41 of the Criminal Justice Act 1925.
5. Live-tweeting — you may use Twitter/X to report from court under the Lord Chief Justice's guidance, but must not do so if the judge prohibits it or if it would prejudice proceedings.
6. When in doubt, don't publish — seek legal advice first. It's better to delay a story than to face contempt proceedings.

Defences to Contempt

The Act provides limited defences:

• Innocent publication (Section 3): Where you did not know and had no reason to suspect that proceedings were active.
• Fair and accurate court reporting (Section 4(1)): A fair and accurate report of legal proceedings held in public, published contemporaneously and in good faith, is not contempt.
• Discussion of public affairs (Section 5): A publication made as part of a discussion in good faith of public affairs is not contempt if the risk of prejudice is merely incidental.

Further Resources

• Full text: Contempt of Court Act 1981
• UK Journalism Ethics Codes — NUJ and IPSO guidance on court reporting
• Resources Library — Legal quick-reference guides
• SLAPPs guide — Understanding legal threats to journalists