Contempt Of A Court Tribunal Or Institution Act

• Coming into Force: 01 February 2024
• Year: 2024
• Act Number: 8
• Citation: No. 8 of 2024

AN ACT TO PROVIDE FOR THE UNIFORM APPLICATION OF THE LAW RELATING TO THE CONTEMPT OF A COURT, TRIBUNAL OR INSTITUTION; TO PROVIDE FOR THE PROCEDURE IN PUNISHING THE CONTEMPT OF A COURT TRIBUNAL OR INSTITUTION; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-

Short title1. This Act may be cited as the Contempt of a Court Tribunal or Institution Act, No. 8 of 2024.

Objects of the Act2. The objects of this Act shall be to- (a) uphold the dignity and authority of a court tribunal and institution;(b) protect the due administration of justice;(c) ensure adherence to judicial directives;(d) preserve and maintain the effectiveness and impartiality of a court, tribunal and institution;(e) strike a balance between the right of expression, fair comment and compliance with judicial directives;(f) set out with precision the ambit of contempt of a court, tribunal and institution; and(g) ensure the observance of, and respect for, the due process of law.

Certain acts deemed to be contempt of a court, tribunal or institution3. (1) Save as provided for in any other written law and subject to the provisions of the Constitution, any person who commits an act or omission with intent to- (a) bring the authority of a court, tribunal or institution and administration of justice into disrespect or disregard; or (b) interfere with, or cause grave prejudice to the judicial process in relation to any ongoing litigation,commits contempt of a court, tribunal or institution, as the case may be.(2) Save as provided for in any other written law and subject to the provisions of the Constitution, any person who does any of the following acts commits contempt of a court, tribunal or institution, as the case may be- (a) willful disobedience to any judgment, decree, direction, order, writ or other process of a court, tribunal or institution;(b) willful breach of an undertaking given to a court, tribunal or institution;(c) expressing, pronouncing or publishing any matter that is false which, or doing any other act which- (i) scandalizes or lowers the judicial authority or dignity of a court, tribunal or institution;(ii) gravely prejudices, or unlawfully interferes with, the due course of any judicial proceeding; or(iii) interferes with, or obstructs the administration of justice; (d) (i) use of any electronic device or other instrument for audio or visual recording or both, in a court, tribunal or institution, or bringing into a court, tribunal or institution any such device or instrument for the purpose of audio or visual recording or both, without the leave of the court, tribunal or institution already obtained; (ii) publication or transmission of an audio or a visual recording or both, of a proceeding or part of a proceeding of a court, tribunal or institution made by means of any electronic device or other instrument, or any such recording derived directly or indirectly from such device or instrument without the leave of the court, tribunal or institution already obtained;(iii) use of any electronic device or other instrument, or publication or transmission of an audio or a visual recording or both, of a proceeding of a court, tribunal or institution, in contravention of any leave granted under sub-paragraph (i) or sub-paragraph (ii); or(iv) tampering, altering or falsifying any audio or visual recording or both, of a proceeding of a court, tribunal or institution; or(e) scandalizing a court, tribunal or institution, or a judge or judicial officer with intent to- (i) interfere with the due administration of justice;(ii) excite dissatisfaction in the minds of the public in regard to a court, tribunal or institution; or(iii) cast public suspicion on the administration of justice.

Defences against contempt of a court, tribunal or institution4. (1) Any publication or expression of accurate facts made in good faith of a judge or judicial officer or, proceeding, judgment or order of a court, tribunal or institution as the case may be, on a matter of public interest shall not be deemed to be contempt of such court, tribunal or institution, where the risk of causing any impediment or prejudice to such judge or judicial officer or proceeding, judgement or order is merely incidental.(2) Any publication or expression- (a) of accurate facts of any case or proceedings before a court, tribunal or institution made without malice or intention to impair the administration of justice; or(b) of fair comments on the merits of any judgment or order of a court, or action or application which has been heard and decided,shall not be deemed to be contempt of a court, tribunal or institution where every attempt has been made to avoid any contempt and such publication or expression has been done bona fide.(3) The provisions of subsections (1) and (2) shall not be construed as affecting or limiting any other valid defence for contempt of a court, tribunal or institution, contained in any other written law.

Non-disclosure of source of information5. A person shall not be (a) required to disclose, during the court proceedings; or (b) found guilty of contempt of court for rufusing to disclose, the source of information contained in a publication for which he is responsible, unless it is established to the satisfaction of the court that disclosure is necessary in the interest of justice or national security or for the prevention of disorder or crime.

Power of the Supreme Court and the Court of Appeal to punish contempt of a court tribunal or institution 6. (1) The Supreme Court and the Court of Appeal shall have the power to punish for contempt of itself, whether committed in its presence or hearing or elsewhere. (2) Where the Supreme Court or the Court of Appeal, as the case may be, in the exercise of its jurisdiction as referred to in subsection (1), takes cognizance- (a) of contempt of court committed in its presence or hearing, the Supreme Court or the Court of Appeal shall hear and determine such matter in accordance with the procedure set out in section 8; and (b) of contempt of court committed otherwise than in...