NSW Law Allows for Courtroom Broadcasting

The New South Wales Government has passed the Courts Legislation Amendment (Broadcasting Judgments) Act 2014 (No. 44 of 2014) to change the current laws strictly forbidding filming inside a court room. While the new Act may not be as expansive as one would imagine, it would nevertheless mean that judgments could potentially be televised in the future. 

Background to the Act

The Act requires the media to obtain court permission before filming a courtroom. While this has always been the case, there is now a presumption in favour of allowing cameras into final court proceedings. The central concern raised by this is of course the accused’s right to a fair trial. Exposing an accused to the televised scrutiny of the media could have detrimental effects on the accused’s rights. The law combats this by allowing only the filming of the sentencing stage and not the actual trial. Since the cameras are only allowed at these final stages of the court proceedings, there won’t be a danger of unfair media coverage that could prejudice the outcome.

Other exceptions to the new law include: 

• If the broadcast would likely reveal the identity of a person if this disclosure is normally prohibited;
• If the judgment itself contains any material that is the subject of a suppression or non-publication order, or may be prejudicial in other criminal proceedings, or will reveal the existence of a covert operation carried out by law enforcement officials;
• If the broadcast would pose a risk of safety to anyone present in the room or anyone who has been a participant in the proceedings any other way. This could include jury members, protected witnesses and victims; and
• If the Chief Judge believes that such a broadcast would be detrimental to the orderly administration of the court.

Media organisations that report on sexual cases are not permitted to publish the names of complainants, or other information which may identify them. This may in some circumstances involve obscuring the identity of the accused person.

Reactions to the New Legislation

NSW Attorney-General Brad Hazzard hopes that this new law will encourage more open justice. However, NSW Chief Justice Thomas Bathurst feels that the law will not be offering anything radically different to courtroom reporting as it exists currently. 

The Chief Justice mentions that cameras have already been allowed in courts from time to time. Chief Justice Bathurst said the judiciary was consulted on the move:

Chief Justice Bathurst also did express his concerns that the new laws would need to ensure that defendants are not humiliated and that victims should not be exposed to any additional stresses. 

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