Constitutional law – application by media to broadcast criminal proceedings – tension between the right to freedom of expression and the open justice principle, on the one hand and the right to a fair trial, on the other – those rights should as far as possible be harmonised with one another – court must exercise a proper discretion under s 173 of the Constitution in each case by balancing the degree of risk involved in allowing the cameras into the court room against the degree of risk that a fair trial might not ensue – courts ought not to restrict the nature and scope of the broadcast unless prejudice is demonstrable and there is a real risk that such prejudice will occur – mere conjecture or speculation that prejudice might occur ought not to be enough.
Media Summary