Court reporting by the media : legal implications

Abstract

Over the years, the media has provided the general public with informative coverage of court proceedings. It is by far, the ideal means to acquire knowledge of the judicial process, whether through traditional methods of communication or via the various forms of digital media. However, it is also responsible for the hype surrounding court cases, especially those of a criminal nature, in view of the excessive exposure and negative portrayal of accused persons. Regardless of whether prejudicial reporting has occurred prior to the trial or while the case is still sub judice, such behaviour may very well affect the outcome of the court judgment. Hence, it is necessary to achieve a balance between the right to a fair trial appertaining to the accused and the right to the freedom of expression by the media. A person is presumed innocent until proven guilty and this should be determined by none other than a Court of Justice. A trial by any other means should not be permitted as this will only hinder the proper administration of justice. For this matter, a basic code of conduct is required to establish the standards of behaviour which journalists must adhere to throughout the coverage of the courts. By following ethical principles, this will ensure that the fundamental human rights of those affected by or involved in the media coverage of trials are safeguarded. Therefore, this will guarantee a more responsible form of journalism, particularly where the courts are concerned.