Media comment

Question 1

What are a barristers obligations concerning media comments of current proceedings or a proceeding in which the barrister is likely to appear?

Answer 1

r 75 - the barrister must not publish any material regarding this matter which is known to the barrister to be (a) inaccurate (b) confidential information (c) expresses an personal opinion on the merits of the proceedings outside of genuine academic discussion (d) constitute a breach of rule 12.

Question 2

Can the barrister respond to unsolicited questions from the media regarding a proceedings?

Answer 2

r 76(a) - the barrister can respond to unsolicited questions from the media confined to ID of the parties, nature of the issues the case, nature of the orders made, and the client’s intention to take any further steps.

Question 3

Can a barrister at the request of the client or in response to unsolicited questions supply documents for publication? if so, when?

Answer 3

r 76(b) the barrister can supply material which has been used in open court and therefore made public i.e. pleadings, copies of affidavits, transcripts, and exhibits admitted in open court save for where publication is restricted.

Question 4

Can a barrister give advice to a client regarding dealings with the media?

Answer 4

r 77 a barrister may give advice to the client about dealings with the media in a way which is not calculated to interfere with the proper administration of justice (i.e. taint jury pool, etc).

Question 5

Can a barrister give advice to a client about responding to newspaper or media articles which been published about the case?

Answer 5

r 77 - yes - the barrister will not have breached r 75-76 by advising the client about who there has been puvlished a report relating to teh case and who the barrister advice in relation to that report has been sought, and that the client may take appropriate steps to present the client’s own position for publication.

Question 6

What is the rationale for restrictions on media commentary?

Answer 6

The rationale for restrictions on media commentary is that the public interests and the administration of justice is not best served by allowing lawyer litigate matters in the media.

Question 7

You are representing a high profile football player who has been charged with supplying a dangerous drug and gambling charges. He tells you there is a media report about him and he wishes to respond to it but wants your advice before doing so.

What do you tell him

Answer 7

r 77 - barrister can advise the client about how to respond to the publication, however must be in a way which is not to interfere with the proper administration of justice. Should advise the client any comment should be in a written statement agreed by the client and it must be accurate and conservative.

Question 7

What are the dangers of making media commentary?

Answer 7

(1) tainting a potential jury pool for upcoming matter, or retrial
(2) risk of breaching confidentiality;
(3) risk of disciplinary proceedings for r 12 conduct;
(4) barrister tortious liability for any defamatory remarks;
(5) being restrained from appearing on the matter (r v mg)