The media must comply with legislation about the publication of court proceedings.
In NSW, court and tribunal hearings are generally open to the media, including newspapers, magazines, radio, television and digital media.
However, the media may not take photographs, make electronic or digital sound recordings or film within court or tribunal precincts without special permission. The media may also not publish or broadcast photographs, sound recordings or film taken within the court or tribunal precincts without permission.
Media recording of court proceedings policy.
Journalists are permitted to use mobile phones or personal digital assistants (PDAs) in court for electronic note taking, text messaging or emailing.
The mobile phone or PDA must be switched to silent and no verbal communication can be made. The court must not be disrupted in any way.
Mobile phones or PDAs can be used in court only by journalists who:
work for recognised media organisations
can provide appropriate professional identification.
Policy for use of mobile telephones or PDAs in courtrooms.
In some sensitive cases, media representatives may be excluded from court proceedings. This is known as a closed court. It is up to the judge or magistrate to decide whether to close the court.The judge can also make an order preventing the media from telling anyone about all or any part of the evidence.
The media may not identify children involved in any court hearing. Children are defined as people under the age of 18 years old. In NSW the media may also not identify people who were children at the time an offence was committed. This law also applies to missing and deceased children.
Media representatives can apply to access court documents and files. Please contact the relevant court or media contact for each jurisdiction.
The media must comply with legislation regarding publishing personal identifying information.
Identity theft and anonymisation policy.
Media representatives should seek legal advice from their own organisations on what is considered contempt of court.As a broad guideline, the media should not:
publish information that is likely to prejudice a fair trial
speak to or have contact with jurors
report on prior convictions of defendants or accused people
report alleged confessions by the accused
make comments as distinct from reports of the court case before a judgment has been made
report on prior convictions of people involved in a court case
interfere with officers of the court or witnesses.
Contempt of court is a complex legal area and you should consult your own legal representative.
Community Justice Centre mediations are confidential and not open to the media.
Find the latest
media releases of the Department of Attorney General and Justice.