Open justice is a bedrock principle in liberal democratic systems of government. It is central to ensuring public confidence in the administration of justice and maintaining the rule of law. It keeps judges, who exercise power on behalf of the community, under constant scrutiny. Continue reading
The International Forum for Responsible Media Blog
Tag: Jason Bosland
The publication by Wikileaks of a Victorian Supreme Court suppression order has prompted a deluge of debate in the media about the state of open justice in Victoria. There is no doubt that Victoria has a problem with suppression orders and that the circumstances of the making of the order in question – which prohibits the naming of a long list of high profile international public officials in connection with allegations of corruption – is of immense public concern. However, some balance and perspective, along with some basic accurate information regarding the suppression order at the centre of the controversy, must be injected into the debate. Continue reading
Hanging By A Thread: Reportage and Clause 4 of the Defamation Bill – Sophie Walker and Jason Bosland
Earlier this week, the latest iteration of the draft defamation bill was debated at the report stage of the House of Lords. One of the most controversial aspects of the bill is clause 4 – the Public Interest Defence. The original purpose of the clause was to codify, and therefore clarify and strengthen, the existing common law defence of Reynolds qualified privilege. A particular sticking point through the parliamentary debates is how to address the so-called ‘doctrine of reportage’. Continue reading
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