Attorney General for the State of New South Wales v Radio 2UE Sydney Pty Ltd

The Attorney-General for the State of New South Wales brought proceedings against Radio 2UE Sydney Pty Ltd concerning the broadcast of certain statements. The case was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the broadcast by Radio 2UE of statements made by a Mr. John Laws constituted a contempt of court. Specifically, the court had to determine if these statements, made during a radio program, had a tendency to prejudice the administration of justice by potentially influencing the outcome of a pending criminal trial.

The Court of Appeal considered the principles of contempt of court, particularly in relation to publications that could prejudice a fair trial. It examined the nature of the statements made by Mr. Laws, their context within the broadcast, and their potential impact on the jury or public perception of the trial. The court applied the test of whether there was a real and substantial risk that the publication would prejudice the administration of justice. The court found that the statements, by commenting on the guilt of the accused and the evidence, created such a risk.

The Court of Appeal found Radio 2UE Sydney Pty Ltd guilty of contempt of court and imposed a penalty.