The Limitations and Exceptions to Open Justice

This chapter discusses the statutory limitations and exceptions to open justice. The limitations are set by Article 6 of the ECHR, which allows for in camera proceedings and/or the adoption of protective measures against media coverage for reasons of national security, protection of children, privacy protection, or where publicity would prejudice the interests of justice. Through extensive recourse to the relevant case-law from the ECtHR, this chapter highlights the omnipresent use of the principle of proportionality in the assertion of the legitimacy of limitations to open justice.