June 3rd, 2014 -- The Bar Council issues thisstatement pursuant toits duty under Section 5(f) of the Legal Profession Act to “promote, maintain and support the administration of justice and the rule of law.”The Council hopes that this statement will be informative to the public.
Everyone has the fundamental right of free speech but that is not an unlimited right. It is illegal for example to threaten violence against another person. It is illegal to incite such violence. It is illegal to make statements which can result in harm to others for example shouting fire in a crowded cinema. There is civil liability for defaming the character of another person.
Another limitation is on public statements which amount to contempt of Court. It is an offence to make a public statement in contempt of Court. There is nothing wrong in leveling constructive criticism at the Court or in respect of a decision of the Court. The Court is not above even strong criticism but the language used must be moderated. A public statement amounts to contempt of Court if the maker of the statement alleges or suggests misconduct or bias by the Court or a Judge or imputes an improper motive to a Judge.A publicstatement which otherwise brings the Court into disrepute can also be a contempt of Court.
The Bar Council has received reports of several statements in contempt of Court made in the print and broadcast media and on the internet in recent months. The Council calls on contributors to the media to refrain from making such statements and on the media houses to avoid any such statements by their editorial staff, journalists or contributors.
The Bar Council comments also on the duty of Attorneys-at-Law in respect of public statements on judgments. An Attorney-at-law is an Officer of the Court even if he or she is also a politician or political activist. If the Attorney-at-Law chooses to comment publicly on a judgment, which is his or her right, he or she must do so fairly and responsibly. The Attorney may claim victory but he or she is not permitted to mislead the public as to the content or effect of the judgment.
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