The constitutional challenge of the common law crime of contempt of court with regard to the media and its freedom of speech and expression

Abstract

Abstract provided by author:

The object of protecting the effective administration of justice and the dignity of the court in order to maintain its good name are all values worth defending, however, the traditional mode of contempt need to be reformed in order to be balanced with the constitutional value of the media's freedom of speech and expression to enable it to play an effective role as public watchdog without being unreasonably restricted

It is therefore advised that the Namibian courts adopt the following approach: that a publication not be considered contemptuous unless the statement viewed contextually, really was likely to prejudice or interfere with the administration of justice. In this way an equitable balance is drawn between free speech and the need to protect the judiciary as required within a democratic society