Report No. 200

(H) Borrie & Lowe

Borrie and Lowe (pp 253, 254) refer to the need for a definite point of time and refer to the views of Law Commissions in UK, Canada, Australia and Ireland as to the need for fixing a definite point of time and as to when proceedings can be said to be "imminent" so that the vagueness concept built up by the Phillmore Committee (1974) could be easily surmounted and they say that finally, the UK Act of 1981, by giving the criteria in Sch 1, para 4, (i.e. date of arrest etc.) virtually adopting the Scotland decision in Hall v. Associated Newspapers Ltd 1978 SLT 241, the 'vagueness' obstacle has indeed been surmounted.

The authors say that confining the contempt law to publication made only after filing a charge in court, results in an unjust superior position being granted to freedom of speech and expression as against liberty. The above views of the authors are quite important and we shall refer to the crucial paragraphs from that book.

The authors say under the heading "Proposals for Reform", as follows (pp 253,254):