Can the right to a fair trial be compromised by prejudicial news media? : an analysis of high profile cases

Abstract

As the title question suggests, this study is about how and to what extent pretrial publicity and prejudicial news media affect the rights of an accused or defendant in criminal proceedings. Due to technological advancements, the way crime is reported and delivered to viewers has changed drastically and it will keep on changing in a way that constant discussion and analysis is required. This work will analyse how criminal cases are reported and if a person’s right to a fair trial can be compromised by prejudicial news media. The main focus of this work is prejudice, pretrial publicity and the presumption of innocence. A historical background on pretrial publicity and sensational news reporting with respect to high profile criminal trials is analysed. Focus will then shift on Maltese trials, delving into how the accused or person arrested is portrayed and the consequences of adverse publicity. Factors to be considered by Maltese Courts and the ECtHR when faced with a human rights violation case will be discussed. The media is an important pillar of democracy, but one can easily note that criticism, whether it refers to the accused, lawyers, the courts, the police or any other party to a criminal case, although sometimes merited, can often be filled with attacks and hidden agendas, resulting from personal and political rivalries. How can a balance between the right to a fair trial and the right to freedom of expression be found? How do the courts safeguard the rights of all the parties involved? Are the laws up to date with the never-ending technology advancements? Are media houses and news reporters developing a new era of people hating on each other with their ‘leave your comment below’ approach? Can we train jurors better rather than just having the presiding judge instructing them? This dissertation will close-off by exploring the limitations to the right of freedom of expression in order for a balance to be established between the right to be informed and the right to a fair trial. The writer will highlight some of the experimental social research that has been conducted, found to be crucial in showing how pretrial publicity and prejudicial media influences the public’s opinion on the accused or defendant before his trial.