In the week where a major “terrorist” trial in Great Britain will take place behind closed doors, we’re looking at the legal situation in Europe regarding media in the courtroom. How does European legislation tread the fine line between open justice and our right to know, and the dangers of “trial by media” where the course of justice is influenced by journalists’ activities? Case law, national examples and pan-European legislation illustrate the complex legal challenges surrounding courtroom reporting. Our latest legal hot topic now … hot off the press.
LEAD ARTICLE
Court Reporting by Audiovisual and Online Media in the Russian Federation
This brand new publication focuses first of all on Russia and the various legal texts which determine how the Russian media report on court cases. In his lead article, author Andrei Richter reports on recent measures aimed at introducing uniform rules for video recordings and online transmission of court hearings in Russia. A useful round-up of recent measures in Russia aimed at clarifying the legal framework surrounding court reporting activities.
Lead article chapter headings:
Introduction
I. Constitutional and statutory provisions
II. Resolutions of the top courts
III. Case law
1. Access to the courtroom
2. Right to image
3. Presumption of innocence
4. Online archives
5. Protection of private data online
6. Defamation
7. Protection of witnesses
IV. Conclusion
RELATED REPORTING
Pan-European Standards
The Related Reporting section of this new publication provides short reporting on the Council of Europe and the European Court of Human Rights and their standard setting activities concerning the freedom of expression and information.
Related reporting chapter headings:
Committee of Ministers
European Convention on Access to Official Documents
Adoption of Two Texts on Media and Criminal Proceedings
European Court of Human Rights
Youth Initiative for Human Rights v. Serbia
Case of TASZ v. Hungary
Case of Tourancheau and July v. France (affaire Libération)
Case of B. and P. v. the United Kingdom
Finding against France on Violation of Article 10
Recent Judgments on the Freedom of Expression and Information and on the Right of a Fair Trial and Media Coverage of a Court Case
ZOOM
Media Reporting on Court Proceedings and the pan-European Human Rights Framework
The final Zoom section, authored by Observatory legal analyst Amélie Lépinard, looks at media reporting on court proceedings and the pan-European human rights network. She examines in particular the Council of Europe (COE), the European Convention on Human Rights (“ECHR”) and the European Court of Human Rights, all of which have measures aimed at protecting the media’s ability to gain access to court proceedings in order to inform the public.
Zoom article chapter headings:
1. General principles
1.1. The requirement of publicity
1.1.1. A public hearing before the national courts
1.1.2. Public pronouncement of judgments and availability of court decisions for the public at large
1.2. Access to information
1.3. Restrictions to the exercise of freedom of expression in relation to court proceedings
2. The media’s ability to report on criminal proceedings
2.1. Information about the hearing and access of the press to courtrooms
2.2. Live reporting or recordings by the media
2.3. Right to presumption of innocence
2.4. Protection of privacy
3. Conclusion
In the week where a major “terrorist” trial in Great Britain will take place behind closed doors, we’re looking at the legal situation in Europe regarding media in the courtroom. How does European legislation tread the fine line between open justice and our right to know, and the dangers of “trial by media” where the course of justice is influenced by journalists’ activities? Case law, national examples and pan-European legislation illustrate the complex legal challenges surrounding courtroom reporting. Our latest legal hot topic now … hot off the press.
