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Contempt of court application against The Advertiser dropped

The Youth Court has withdrawn a contempt of court application against The Advertiser after the newspaper’s editor apologised for publishing details about a suppressed case.

Dec 22, 2022, updated Dec 22, 2022
Photo: Tony Lewis/InDaily

Photo: Tony Lewis/InDaily

The contempt of court application – a rarity in South Australia – followed the publication of two stories in The Advertiser in November, which the Youth Court Registrar alleged had breached a suppression order banning the reporting of “all information” about a case.

In both stories, The Advertiser reported that the court had imposed “secrecy” orders over the case, but it also reported details of the charge and the age of the alleged offender.

Breaches of suppression orders can attract penalties of up to $120,000 for companies, and a $10,000 fine or two years’ imprisonment for individuals.

The Advertiser’s editor Gemma Jones attended a court hearing on Monday represented by barrister Tom Duggan KC.

During the hearing, Duggan said Jones had directed him to issue an apology to the court.

“She (Jones) is here because of the seriousness with which The Advertiser takes suppression orders made by this court,” he said.

“I’m instructed directly by her to issue an apology that is for the two articles.

“That is an unreserved apology which is made to the court.

“She has indicated how seriously she takes suppression orders.”

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Duggan said in response to the court issuing the application, Jones had implemented a new policy about reporting on cases that involve suppression orders.

He said staff at The Advertiser were also sent information about the importance of complying with orders.

Counsel representing the Youth Court Registrar, Ryan Van Schuilenburg, said withdrawing the application was “simply the pathway which the Registrar wishes to proceed”.

A Youth Court spokesperson told InDaily the matter was “resolved to the satisfaction of the Court”.

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