Attorney General for New South Wales v Australian Broadcasting Corporation

The Attorney-General for New South Wales (the appellant) sought to restrain the Australian Broadcasting Corporation (the respondent) from broadcasting a program that allegedly contained material in contempt of court. The dispute concerned the potential prejudice to a fair trial arising from the broadcast of certain information relating to a pending criminal trial. The matter came before the New South Wales Court of Appeal.

The central legal issue before the Court of Appeal was whether the proposed broadcast by the ABC would constitute a contempt of court by scandalising the court or by prejudicing the fair trial of a person facing criminal charges. This required the Court to consider the scope of the court's power to restrain publication in such circumstances and the balance to be struck between the public interest in freedom of expression and the public interest in the administration of justice.

The Court of Appeal, in its reasoning, affirmed the principles governing contempt of court, particularly in relation to publications that might prejudice a fair trial. It was held that for a publication to be considered contemptuous, it must create a real and substantial danger of prejudice to the administration of justice. The Court considered the specific content of the proposed broadcast and the nature of the pending trial, ultimately finding that the risk of prejudice was not sufficiently high to warrant the extraordinary measure of an injunction. The Court emphasised that the power to restrain publication should be exercised with caution, particularly in light of the importance of freedom of the press. The appeal was dismissed.