Synopsis:
The majority, per Kriegler J, held that, while the common law crime of scandalising the court limits freedom of expression, the limitation is justifiable provided that the crime is appropriately narrowly defined with the aim of preserving confidence in the administration of justice. Sachs J, in a separate judgment, held that greater protection of expression was required - in order to constitute a crime, the conduct must pose a real and direct threat to the administration of justice. The employment of a summary procedure in such matters unanimously held to be an unjustifiable limitation of the Constitutional fair trial right.
