Court Reporting 8 - Challenges to Court Orders

A journalist covering a court case in which a reporting restriction or access to information is proposed or imposed should approach the clerk as the first step to challenging it - e.g. if a hearing has already started, asking the usher to pass a note.

If an order has already been made, the clerk can:

• supply it in written form if not already done
• specify in writing why it was made
• state the statute and section under which it was made

Such a request might prompt the court to reconsider the order, especially if a reporter quotes law against it. Raising a query or challenging in court has the advantages that doing so may resolve the matter quickly and of being the cheapest method as there is no need for a lawyer.

If a challenge by a reporter or editor fails, the court's decision can be challenged by making a formal application to the High Court.

An invalid order made by a court to restrict reporting must be obeyed until it is rescinded by the court.

A journalist challenging exclusion from court should cite Article 10 of the European Convention on Human Rights (ECHR) which, by protecting freedom of expression, including the right to impart information and the public's right to receive it, safeguards the societal benefits of open justice.

A court considering such a challenge must carry out a balancing exercise based on the facts of the case, in which the journalist's and public's rights under Article 10 are weighed against the rights of the party wanting the exclusion or restriction.