Contempt by unauthorised audio or visual recordings
5.—(1) Subject to subsection (4), it is a contempt of court —
(a)
to use in court any audio recorder, electronic device or other instrument for audio or visual recording or both, or to bring into court any such instrument for the purpose of audio or visual recording or both, without the leave of the court;
(b)
to publish or transmit an audio or a visual recording or both of court proceedings made by means of any such audio recorder, electronic device or other instrument, or any recording derived directly or indirectly from it; or
(c)
to use any such recording in contravention of any conditions of leave granted under paragraph (a).
(2) Leave under subsection (1)(a) may be granted or refused at the discretion of the court, and if granted may be granted subject to any conditions that the court thinks proper with respect to the use of any recording made pursuant to the leave; and where leave has been granted, the court may at its discretion withdraw or amend it either generally or in relation to any particular part of the proceedings.
(3) Without prejudice to any other power to deal with an act under subsection (1)(a), the court may order the audio recorder, electronic device or other instrument, or any recording made with it, or both, to be forfeited; and any object so forfeited must (unless the court otherwise determines on application by a person appearing to be the owner) be sold or otherwise disposed of in the manner directed by the court.
(4) This section does not apply to the making or use of audio or visual recordings or both for purposes of official transcripts of proceedings or any other purpose authorised by the court.
Informal Consolidation | Amended Act 25 of 2021
Contempt by unauthorised audio or visual recordings
5.—(1) Subject to subsection (4), it is a contempt of court —
(a)
to use in court any audio recorder, electronic device or other instrument for audio or visual recording or both, or to bring into court any such instrument for the purpose of audio or visual recording or both, without the permission of the court;
[Act 25 of 2021 wef 01/04/2022]
(aa)
to make an audio or a visual recording or both of court proceedings, or any recording derived directly or indirectly from it, without the permission of the court;
[Act 25 of 2021 wef 01/04/2022]
(b)
to publish or transmit an audio or a visual recording or both of court proceedings (being a recording mentioned in paragraph (aa) or made by means of any audio recorder, electronic device or other instrument mentioned in paragraph (a)), or any recording derived directly or indirectly from it; or
[Act 25 of 2021 wef 01/04/2022]
(c)
to use any such recording in contravention of any conditions of permission granted under paragraph (a) or (aa).
[Act 25 of 2021 wef 01/04/2022]
(2) Permission under subsection (1)(a) or (aa) may be granted or refused at the discretion of the court, and if granted may be granted subject to any conditions that the court thinks proper with respect to the use of any recording made pursuant to the permission; and where permission has been granted, the court may at its discretion withdraw or amend it either generally or in relation to any particular part of the proceedings.
[Act 25 of 2021 wef 01/04/2022]
(3) Without prejudice to any other power to deal with an act under subsection (1)(a) or (aa), the court may order the audio recorder, electronic device or other instrument mentioned in subsection (1)(a) or any recording made with it, or both, or the recording mentioned in subsection (1)(aa), to be forfeited; and any object so forfeited must (unless the court otherwise determines on application by a person appearing to be the owner) be sold or otherwise disposed of in the manner directed by the court.
[Act 25 of 2021 wef 01/04/2022]
(4) This section does not apply to the making or use of audio or visual recordings or both for purposes of official transcripts of proceedings or any other purpose authorised by the court.
(5) In this section —
(a)
“court proceedings” includes court proceedings, or any part of court proceedings, conducted through any electronic means of communication;
(b)
the reference to an audio or a visual recording of court proceedings includes an audio or a visual recording of —
(i)
a person participating in a court proceeding; or
(ii)
a person viewing or listening to a court proceeding, including an audio or a visual recording of a court proceeding; and
(c)
“recording” includes any recording of a temporary nature, including (but not limited to) any such recording for the purposes of contemporaneous or instantaneous publication or transmission.