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Judicial Proceedings (Regulation of Reports) Act 1951

Chapter 51.

Judicial Proceedings (Regulation of Reports) Act 1951.
Certified on: / /20 .

INDEPENDENT STATE OF PAPUA NEW GUINEA.

Chapter 51.

Judicial Proceedings (Regulation of Reports) Act 1951.

ARRANGEMENT OF SECTIONS.

INDEPENDENT STATE OF PAPUA NEW GUINEA.

AN ACT

entitled

Judicial Proceedings (Regulation of Reports) Act 1951,

Being an Act relating to the publication of reports of judicial proceedings.

1. INTERPRETATION.

In this Act, unless the contrary intention appears–

“judicial proceedings” includes proceedings before any court, tribunal or person having by law power to hear, receive and examine evidence;

“publisher” includes a proprietor, editor or master printer.

2. RESTRICTION ON PUBLICATION OF REPORTS OF JUDICIAL PROCEEDINGS.

A publisher must not print or publish, or cause to be printed or published–

(a) in relation to any judicial proceedings–any indecent matter or indecent medical, surgical or physiological details the publication of which would be calculated to injure public morals; or

(b) in relation to any judicial proceedings for dissolution of marriage, nullity of marriage, judicial separation or restitution of conjugal rights–any particulars other than–

(i) the names, address and occupations of the parties and witnesses; and

(ii) a concise statement of the charges, defences and countercharges in support of which evidence has been given; and

(iii) submissions on a point of law arising in the course of the proceedings, and the decision of the court on the point of law; and

(iv) the summing-up of the Judge and the judgement of the court, and observations made by the Judge in giving judgement.

Penalty: A fine not exceeding K400.00, or imprisonment for a term not exceeding four months, or both.

3. EXEMPTION OF PUBLICATION FOR CERTAIN PURPOSES.

Nothing in this Act applies–

(a) to the printing or publishing of any pleading, transcript of evidence or other document for use in connection with any judicial proceedings, or to the communication of the contents of any such pleading, transcript or document to a person concerned in the proceedings; or

(b) to the printing or publishing of a notice or report under the directions of a court or Judge; or

(c) to the printing or publishing of any matter in a separate volume or part of a bona fide series of law reports that does not form part of any other publication and consists solely of reports of proceedings in courts; or

(d) to the printing or publishing of any matter in a publication of a technical character bona fide intended for circulation among members of the legal or medical profession.

4. PROSECUTION OF OFFENCES.

A prosecution for an offence under this Act shall not be commenced without the permission of the Public Prosecutor.

Office of Legislative Counsel, PNG