Constitutionality of Contempt of Court - Media Freedom of Speech

Constitutionality of Contempt of Court - Media Freedom of Speech
Author :
Publisher : LAP Lambert Academic Publishing
Total Pages : 80
Release :
ISBN-10 : 3838365984
ISBN-13 : 9783838365985
Rating : 4/5 (84 Downloads)

Book Synopsis Constitutionality of Contempt of Court - Media Freedom of Speech by : Stanley Shanapinda

Download or read book Constitutionality of Contempt of Court - Media Freedom of Speech written by Stanley Shanapinda and published by LAP Lambert Academic Publishing. This book was released on 2010-07 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law offence "contempt of court" is the legal mechanism dating back to the early 1100 s by which the judiciary ensures its independence, effectiveness and dignity. It is the means by which the court avoids interference with the administration of justice thereby ensuring that the accused has a fair trial. It is the means by which the court punishes scandalous acts . With the rising of the new constitutional era by which all laws, be they common or statutory, are to conform to the deemed contemporary values of a new democratic society, the offence of contempt has to be in conformity with the values of the Namibian Constitution. One of these values is the fundamental right to freedom of speech and expression bestowed upon the media. The media includes the press, radio, the Internet, and the television. The essence of this book is thus to examine to what extent the common law crime of contempt is in conformity with these constitutional values. In other words, does this offence reasonably restrict the free legal speech of the media as required by a democratic society such as ours? Or is the restriction unwarranted?


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