Scandalising contempt in Australia: Dead? Dying? In much danger? ... (not!)...
- Publication Type:
- Journal Article
- Media and Arts Law Review, 2010, 15 (1), pp. 23 - 69
- Issue Date:
The noughties have seen a sedes of scandalising the court contempt cases across Australia which, although not prolific in number; may still surprise those who have relegated this head of contempt to the back burner. This paper examines important lessons that may be gleaned from these cases regarding the current and future state of scandalising contempt in Australia. It also reflects on reasons why this offence appears to be doing so well in AUstralia compared with England, Canada and the United States (although not so much, it seems, with New Zealand). It may be that there is less cause for alarm than may appear at first sight. But, then again . .. At the end of the day, the analysis points to the need for more contemporary research and directions in this regard are suggested.
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