In England and Wales, Ireland,[1] New Zealand,[2][3][4] Australia, South Africa, Bangladesh, India, Pakistan, Canada,[5] Sri Lanka, and Israel it is generally considered inappropriate to comment publicly on cases sub judice, which can be an offence in itself, leading to contempt of court proceedings.
Prior to 1981, the term was correctly used in English law to describe material which would prejudice court proceedings by publication.
Under Section 2 of the Act, a substantial risk of serious prejudice can only be created by a media report when proceedings are active.
Proceedings become active when there is an arrest, oral charge, issue of a warrant, or a summons.
In the United States, there are First Amendment concerns about stifling the right of free speech which prevent such tight restrictions on comments sub judice.