Contempt of Court Act 2019

24 Power to make take-down order
Interim order

(1)

On application by the Solicitor-General, the High Court may, if satisfied on the grounds set out in subsection (2), order any person (including an online content host) to take down, or disable public access to, the information concerned if it is under the person’s control.

(2)

The court may make an order under subsection (1) (an interim order) if satisfied on the balance of probabilities that there is an arguable case that—

(a)

the person has published a false statement about a Judge or court; and

(b)

there is a real risk that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court.

(3)

An interim order expires if—

(a)

an application for a permanent order is not made within 20 working days (as defined in section 5 of the Criminal Procedure Act 2011); or

(b)

an application for a permanent order is made within that period, but the application—

(i)

is declined; or

(ii)

is withdrawn or otherwise lapses; or

(c)

a permanent order is made.

Permanent order

(4)

On application by the Solicitor-General, the High Court may, if satisfied on the grounds set out in subsection (5), order any person (including an online content host) to take down, or disable public access to, the information concerned if it is under the person’s control.

(5)

The court may make an order under subsection (4) (a permanent order) if satisfied on the balance of probabilities that—

(a)

the person has published a false statement about a Judge or court; and

(b)

there is a real risk that the statement could undermine public confidence in the independence, integrity, impartiality, or authority of the judiciary or a court.