Law Commission Unveils Major Reforms to Modernise UK Contempt of Court Laws

Introduction to the Reforms

The Law Commission of England and Wales has today, Tuesday, November 18, 2025, published the first part of its comprehensive recommendations aimed at modernising the United Kingdom's contempt of court laws. The proposed new framework seeks to establish clearer powers and ensure more consistent application of the law, which has been described as 'fragmented and unclear in the modern communications age'. These reforms are designed to improve the effectiveness, consistency, coherence, and fairness of the legal system.

Addressing an Outdated Framework

The existing law of contempt of court has been criticised for being unsystematic and struggling to keep pace with the rapid advancements in online communications and social media. A significant problem identified was the confusing distinction between 'civil contempt' and 'criminal contempt', which the Law Commission aims to abolish. The review was prompted by a request from the Government, specifically the Ministry of Justice and the Attorney General's Office, to address these issues.

A key catalyst for the review and the urgent need for clarity was highlighted by incidents such as the Southport stabbings on July 29, 2024. During the aftermath, concerns arose that constraints on information disclosure under existing contempt laws contributed to an 'information vacuum', leading to the spread of misinformation and public disorder.

Key Recommendations for a New Framework

The Law Commission's recommendations introduce a new framework that replaces the traditional civil and criminal contempt distinction with four distinct categories of contempt. These categories are:

• General contempt: This applies where an individual's conduct interferes with the administration of justice in a non-trivial manner, or creates a substantial risk of such interference.
• Contempt by breach of court order or undertaking: This covers instances where a person breaches a court order or a voluntary undertaking.
• Contempt by publication while proceedings are active: This addresses the publication of material that creates a substantial risk of seriously prejudicing or impeding a trial.
• Contempt by disrupting proceedings: This category targets abusive, threatening, or disorderly behaviour that disrupts legal proceedings.

Furthermore, the reforms provide crucial clarity regarding when criminal proceedings are considered 'active' for the purpose of publication restrictions. Under the new proposals, proceedings will be deemed active from the point of charge rather than arrest. This change is intended to offer greater certainty for publishers, balancing the protection of fair trial rights with freedom of expression. The Law Commission also suggests that publishing details such as a suspect's name, age, nationality, ethnicity, religion, or immigration status will generally not constitute contempt, depending on the specific circumstances.

Balancing Rights and Future Steps

The Law Commission emphasises that the new framework aims to strike a balance between protecting fair trials and safeguarding freedom of expression. The recommendations also include empowering certain tribunals to address contempt, thereby enhancing their ability to control proceedings effectively.

This report constitutes Part One of the Law Commission's review, focusing primarily on liability for contempt and the role of the Attorney General. Part Two, which will address remaining issues such as powers, procedure, sanctions, costs, and appeals, is scheduled for publication in 2026. Following the release of both parts, the government will consider the recommendations and decide on their implementation into law.