The term sub judice means ‘under the law’ which entails matters and issues that are pending before a court of law. Anyone is liable for sub judice contempt as long as they publish contemptuous information on social media or reveal the information to the press who may later publish on any media. The rationale of the rule is to prevent defamation of journalist for distributing disrespectful information. Furthermore, the law ensures the right to a just and unbiased trial by prohibiting the publishing of material which might prejudice issues at stake in a particular proceeding in court or which may put pressure on persons involved in the court proceedings including witnesses, or parties to the proceeding thereby interfering with a fair and just hearing.
SECTION B
Application of Sub Judice Contempt
The rule of sub judice carries two distinct understandings of prejudice. Apart from the influence in the sense of distorting the outcome of the legal proceedings, there is a second understanding known as the prejudgment principle. This principle applies to a particular category of cases which involve civil trials. The policy allows for sub judice contempt whereby the media can comment only on the merits of the case instead of providing any new information relating to the evidence or any further information. The press is also allowed to assert views regarding the outcome of the case. Apart from commenting on claims, a breach of a ruling can occur if statements from the witnesses aim pressuring or coaxing the court into reaching a certain decision.
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Minors’ cases are handled with a lot of sensitivity because before a ruling, judges have to look critically at the impact of the ruling on the lives of the minors. This is because a child under the age of eighteen is an infant who cannot defend him/ herself in court. Therefore, the settlement of a suit involving children depends on the court’s approval. The media is allowed to give comments or views in the cases because most cases involving minors like child abuse and negligence have predefined solutions that are meant to protect the interests of the children.
Family law matters are legal rules relating to disputes and family obligations. The legal relationships in relation occurring divorces between partners, child custody and support often tend to vary and have thus undergone numerous reexaminations over the years. Moreover, debates on the existing family structures, and morality as well as gender biasness that exists within the public, the press or experts with enough experience will ever be involved when solving family cases.
Cases threatening national security should be handled with caution by the court to protect the interests of the citizens. Therefore, views from the international community, higher courts or the international criminal courts can be asserted regarding the outcome of the case while urging the court to give a specific ruling that will be for the common good of the people and maintain peace.
SECTION C
Suppression Orders versus Sub Judice
Suppression order is an order made by the court to suppress the release of the public information about a matter, especially in sensational cases. The courts bases on the fact that the key mandate of administration is basically to protect the interests of the public by adopting justice including free communication of information. Moreover, suppression order limits the disclosure of information that would otherwise be available during an open hearing. For instance, during a criminal proceeding, a judge may suppress the police from accessing a tendered fact sheet, which a media representative would otherwise be entitled to inspect during a court proceeding. Sub judice orders on the other hand, only prohibit the further publication of information. This rule, therefore, means that the information is only accessible to those who attended the court proceeding, but the persons present in the court or journalists must not disseminate the information to the general public through any form of media.
Under the NSW act, suppression orders can be made on any information or documents that reveal the identity of parties in a legal proceeding or comprises of information about the evidence presented in court. The sub judice rule is different because it broadly states that information related to any case under a court proceeding without any qualifying description of the information relevant to the court proceeding. The sub judice rule only emphasizes on information that may interfere with the fair legal procedure or one that may interfere with the participants of a case.
Based on the fact that the court sometimes to carry out orders that tend to suppress its rulings, it is evident that such ruling often end up up hindering the proper administration of justice. It also tends to hinder prejudice that in taking place at the global security. Suppression order is also meant to protect the interest of persons. These are some of the grounds that reveal that suppression orders are granted in circumstances when the principles of sub judice apply.
Suppression orders are without any warning. In most situations, news media are only informed if the court media liaison or representative of the case e-mails them a notification which rarely happens. Sub judice is a rule of the law that is defined. Publication by any means in any media is prohibited including social media. Besides, journalists and members of the public are well aware of the information they do not need to share. Moreover, the Act enshrining an entitlement to court information was a rule that fell under the amendment of the Court information Act 2010 while the Act allowing for suppression of information has been existing for many years.
SECTION D
Sub Judice and Protected Speech
The freedom of speech is a fundamental right that should always be protected. In every democratic society. The press also has the freedom of expression. However, the exercise of freedom of expression carries with it duties and responsibilities as well. There will be exceptions to the right of freedom of speech, one of them being the sub judice rule. Therefore, it is the responsibility of the press and individuals to act responsibly by following the principles of sub judice.
The main agenda of the parliamentary sub judice convention is to ensure that comments including debates from the parliament do not impact on juries in making decisions. It further ensure that prejudicing of the existing position of parties including witnesses in a court proceeding is not compromised.
Everything said in the parliament is protected by parliamentary immunity, and it cannot be the subject matter of any legal proceeding. This rule applies to each house of parliament. The law also gives power to each house to deal with offenses which interfere with the normal functioning of the parliament. Each house also has the power to reprimand or impose fines for crimes. Besides, complaints are often dealt within the parliament. If the administration of justice could be undermined or threatened in any legal proceeding, the parliament can criticize the decisions of the court. However, such criticism must be without malice and ill-will . The parliament can, therefore, discuss matters of public importance that are sub judice but it is not allowed to raise comments that will prejudge the minds of the public or prejudge a fair trial, witnesses or parties of the hearing.
