Channel 7 breach undertaking to Supreme Court?

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In the Today Tonight v The Chaser saga that I blogged about previously, Channel 7 obtained an interim injunction to prevent the broadcast of The Chaser's footage filmed on Channel 7's premises.

In that judgment (Seven Network (Operations) Pty Ltd v Australian Broadcasting Corporation [2007] NSWSC 1289), Barrett J says:

[14] It has been conceded by Channel 7 that there was a plan to put to air tomorrow a program about today's incident in which the Chaser team visited the Channel 7 premises. Channel 7 would, in that program, use footage taken by Channel 7 itself when the Chaser team were at the premises. I was concerned about that aspect and communicated that concern to counsel for Channel 7 who, during a short adjournment, obtained instructions to offer to court an undertaking by Channel 7, the plaintiff, to continue to take immediate steps to do what it can to withdraw the 15 second promotional broadcast for a story on the incident and also that, until determination of these proceedings, Channel 7 will not broadcast that story.
...
[18] Upon the plaintiff by its counsel giving to the court the usual undertaking as to damages and an undertaking to continue to take immediate steps to do what it can to withdraw the 15 second promotional broadcast for a story on the incident the subject of these proceedings and that until determination of these proceedings it will not broadcast that story, I order that the defendants and each of them, whether by themselves, their servants or agents or otherwise, be restrained up to and including 15 November 2007 from making a copy of (except as permitted by these orders), communicating to the public or causing to be seen in public (a) the film or any part of it taken by the defendants or any of them or at the direction of any of them at the premises of the plaintiff at about 2.15 pm today and (b) any film which includes any part of that film.
I'm reliably informed by one of my 'known associates', and a news story seems to confirm, that Channel 7 did in fact broadcast the story that they undertook not to broadcast.  The Daily Telegraph have video of the story that was aired online.

I wonder if the ABC will apply to have Channel 7 held in contempt?

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This page contains a single entry by Dale Clapperton published on November 15, 2007 2:14 PM.

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