Her Majesty's Attorney General in and for the State of New South Wales v Radio 2UE Pty Ltd

The Attorney-General for New South Wales, acting on behalf of the Crown, brought proceedings against Radio 2UE Pty Ltd. The dispute concerned the broadcasting of certain material by Radio 2UE, which the Attorney-General alleged constituted contempt of court. The matter was heard by the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether Radio 2UE had committed contempt of court by broadcasting material that had the tendency to prejudice the fair trial of a person then awaiting trial. Specifically, the court had to determine if the broadcasts, which discussed the alleged criminal activities of the individual and made statements about his character and likely guilt, created a real risk of prejudicing the jury pool.

The Court of Appeal applied the principles of contempt of court relating to the prejudicing of a fair trial. It held that the test for contempt was whether the publication created a real risk of prejudice, not whether it actually did. The court found that the broadcasts, by presenting allegations as fact and making strong assertions about the accused's guilt and character, created such a real risk. The court emphasised the importance of protecting the integrity of the judicial process and ensuring that individuals facing criminal charges receive a fair trial, free from external influence or pre-judgment by the public or potential jurors.

The Court of Appeal found Radio 2UE Pty Ltd to be in contempt of court and imposed a penalty.