Freedom of Expression and contempt of Court

Syeda Tooba Akhtar

Abstract


Abstract

Contempt of Court is a broad and vital common law term. The application of relevant doctrines of contempt of court is indispensable in order to maintain the judicial integrity and efficacy in any legal system. The study would deal with the issue of contempt of court with the background of freedom of expression that is subject to a good number of exceptions and ought to be narrowly interpreted. The study would primarily focus the issue in the context of opinion of various international scholars who believe it to have negative impact upon freedom of expression. It would discuss the contempt laws which restrict comment on pending judicial proceedings and criticism of judges and courts. It would further elaborate the third freedom of expression issue relating to the contempt of court doctrine when a journalist is held in contempt for defying the orders of the court requiring him to reveal a source of any particular information. The study will briefly analyze the international standards in the regards in consonance with the relevant ruling of European Court of Human Rights. After brief analysis of the issue in its both negative and positive aspects, the study will conclude on the basis of various rulings by national and international courts that the interference with freedom of expression is inevitable in a democratic society in order to protect the right to a fair trial and to maintain public confidence in the administration of justice.

Keywords:      Contempt of Court     Freedom of expression            European Court of Human Rights                  Democratic society

 

 


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