Parliamentary privilege and the broadcasting of Parliament

Abstract

After years of debate, and pages of parliamentary reports, the House of Commons has agreed in principle to allow the televising of its proceedings, both in the Chamber and in Select Committee hearings.’ The purpose of this article is to consider the application of parliamentary privilege to the broadcasting of Parliament by radio or television. The issue of parliamentary privilege arises because of the absolute privilege’ of freedom of speech for Members, which enables them in the course of ‘proceedings in Parliament’ to say or do something which, had it been said or done elsewhere, could have given rise to civil or criminal liability by the person concerned. Absolute privilege exists because it is of outstanding public importance that Members should be able to speak their minds, and this outweighs any consequential harm that may be suffered by an individual or the State. Examples of the use of the protection of absolute privilege are the making of a statement that appears to be defamatory, and the oral commission of one of a variety of criminal offences.