Trial by media : should it be regulated?

Abstract

Justice must not only be done, but, it must be seen to be done; with the passage of time, criminality seems to be on the increase encouraging press curiosity to report on legal proceedings which have now become a sensational feature. Online communication has created new challenges due to its viral effect of internet publications, it is impossible to remove all the information after it has been published on the internet. As a result, this increases the risk of media interference in the outcome of court proceedings. It has also added a new and easier dimension to analyse court proceedings and it often leads the populists to condemn the accused before he/she is properly tried by the court. The motivation of this work is not to advocate the crimes a person might have committed, but, rather, to shine a light on the rights of the accused which may be set aside by the press when the case is sub-judice. Although the person in the limelight might have actually committed the crime, his rights shall not be prejudiced and such rights shall be seen in conjunction with other rights pertaining to third parties, namely the right to freedom of expression and the notion of public interest. With the main focus being the accused’s rights to a fair trial and the right to a private life, the thesis delves into the regional human rights treaties, as well as ECtHR judgments. The local situation is also debated and recommendations in respect to what might be implemented in the future, in view of the issues dealt with throughout the thesis, is set forth.