The Victorian Law Reform Commission (VLRC) has released a new report, calling for a new Contempt of Court Act to define different types of contempt and make the law clearer and fairer in the online era.
The Commission said contempt of court was any conduct that risked interfering with the ability of the courts to perform their role.
“It has developed over centuries through decisions made by courts, but is not currently defined in legislation,” the Commission said.
“The new Contempt of Court Act should state where the courts’ powers come from, and when and how the courts can use them,” it said.
“It should use clear and accessible language.”
VLRC recommended that publishers should not be punished for hosting content written by other people, such as comments on a web page.
“However, courts should be able to order publications be taken down if they breach the law, including interstate and overseas publications that could prejudice legal proceedings in Victoria,” it said.
The Commission also recommended the old category of ‘scandalising the court’ should not be included in the new Act, as it was too broad, and should be replaced by a new category of contempt of court which would apply to publications only if they risked seriously undermining public confidence in the independence and integrity of the courts.
Chair of the VLRC, Anthony North QC said the law of contempt of court protected public confidence in the courts and was essential to the rule of law, but it was outdated, confusing, and in need of reform.
The Commission’s 365-page report, Contempt of Court, can be accessed at this PS News link.
