Report No. 200

(G) Irish Law Reforms Commission: refer to 'imminent or virtually certain':

The Irish Law Reforms Commission(1991, July, p 321) has commended two tests. The first, which would apply in 'normal' cases, namely to 'active' proceedings as defined in the UK Contempt of Court Act of 1981. The second would apply contempt to 'the rare case where, in relation to proceedings which are not active but are imminent, a person publishes material when he is actually aware of facts which, to his knowledge, render it certain, or virtually certain, to cause serious prejudice to a person whose imminent involvement in criminal or civil legal proceedings is certain or virtually certain".