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As the European Court of Human Rights stated in Sunday Times, the defendant’s right to a fair trial: Must be borne in mind by journalists when commenting on pending criminal proceedings since the limits of permissible comment may not extend to statements which are likely to prejudice, whether intentionally or not, the chances of a person receiving a fair trial or to undermine the confidence of the public in the role of the courts in the administration of justice.[321] However, no restrictions on reporting on ongoing legal proceedings may be justified unless there is a substantial risk of serious prejudice to the fairness of those proceedings and the threat to the right to a fair trial or to the presumption of innocence outweighs the harm to freedom of expression.[322] Section 2(d)(iv) is a broadly worded provision that makes it criminal to comment on “any matter that falls within the jurisdiction of the court prior to the verdict.” Section 7 of the act, however, properly excludes from this restriction “just, valid, and accurate” reporting on an ongoing legal proceeding.[323] The line between “valid” reporting on what happened and comments that can be viewed as prejudging the facts of the case can be murky, however, and that murkiness can be exploited by the government to restrict the reporting of ongoing cases
