Contempt of Court: Report (html)

Victoria needs a new Contempt of Court Act to define different types of contempt and make the law clearer and fairer in the online era, according to this report published in 2020 by the Victorian Law Reform Commission.

The law of contempt of court protects public confidence in the courts and is essential to the rule of law. But it is outdated, confusing, and needs reform.

Online publishing and social media have changed the way people access and share information, but the courts have not kept up.

The VLRC has recommended contempt of court law reform to modernise the law, taking into account developments in communication technology.

• Preface
• Terms of reference
• Glossary
• Executive summary
• Recommendations
• 1. Introduction
• 2. Contempt of court and the need for reform
• 3. How to reform the law of contempt of court
• 4. Defining contempt of court in legislation
• 5. Procedure and penalties for contempt of court
• 6. Contempt powers of lower courts
• 7. Dealing with disruptive behaviour: contempt ‘in the face of the court’
• 8. Disobedience contempt: non-compliance with court orders and undertakings
• 9. Juror contempt
• 10. Sub judice contempt: restricting the publication of prejudicial information
• 11. Scandalising the court
• 12. The Judicial Proceedings Reports Act
• 13. Enforcement in the online age
• 14. Take-down orders
• 15. Penalties for breaches of restrictions on publication
• 16. Promoting compliance with restrictions on publication
• 17. Legacy suppression orders
• Appendices
• Bibliography