It is generally prohibited to take photographs or make video recordings while the court is in session. This also applies to evidence and similar material displayed on the screens.
It is also prohibited to make audio recordings for broadcasting by radio or television, livestreaming, or publication on social media.
A breach of these general prohibitions constitutes a criminal offence pursuant to section 198 of the Courts of Justice Act and may result in a fine for contempt of court, expulsion from the courthouse or other sanctions.
Persons following the case in overflow courtrooms or via video link must also comply with the same rules.
Allowed during breaks
Photography, filming and live broadcasting are permitted in the courthouse and courtroom before the court is in session and during breaks, except in respect of the defendant, even if the defendant’s face is intended to be made unrecognisable or the person is filmed only from behind.
Other court meetings
The prohibition also applies to remand hearings and hearings for investigation or the taking of evidence.
Filming and photography of other accused or convicted persons
The prohibition applies to all accused or convicted persons in the same case, including those who appear only as witnesses because their main hearing has been conducted earlier, will be held at a later stage, or they have been finally convicted by a lower court.
These rules are intended to protect privacy and to ensure that court proceedings are not disturbed.
Exceptions
The court may grant certain exceptions. In such cases, a formal application must be submitted. The application must be sent to the court before which the trial is to be conducted.
The court’s authority to grant exceptions to the prohibition on photography, filming and broadcasting audio recordings applies only to the main hearing or appeal hearing, including the court session for sentencing.
The application must be submitted well in advance to allow sufficient time for consideration by the court and the parties.
What can you apply for?
You may apply for permission to film all or parts of the court hearing, such as the opening statements and closing submissions of the defence counsel and the prosecutor, the sentencing, or other parts of the hearing.
The application should include the following information:
- Name of the applicant and editorial office (contact details)
- The case to which the application relates
- The parts of the hearing for which permission is sought
- The purpose of the photography or recording
- How the recording is intended to be carried out
- Other relevant technical and practical information