Full Text

Fair Trial and Freedom of the Press

Ahran Park


Extract

Fair trial and freedom of the press concerns how to balance the right of a free press and the defendant's right to a fair trial. News reporting on judicial proceedings helps the public understand the legal procedure better and contributes to the public's right to know about the working of the justice system (→  Right to Know ). The media play an important watchdog role in monitoring the administration of justice (→  Freedom of the Press, Concept of ). However, the news media sometimes misrepresent court trials and mislead viewers and readers (→  Yellow Journalism ). This kind of inaccurate media coverage might affect jurors or judges in such a way as to prejudice their supposedly impartial judgment. The idea of balancing the right of the news media to cover judicial proceedings with the right of the accused to a fair trial has been incorporated into a number of international conventions and national constitutions. For example, the European Convention on Human Rights, while guaranteeing freedom of speech and of the press, protects the right of the accused to a fair trial. Its Article 6(1) states that the press and public may be excluded from all or part of a trial “where the interests of juveniles or the protection of the private life of the parties so require” or “where publicity would prejudice the interests of justice.” The International Covenant on Civil and Political Rights ... log in or subscribe to read full text

Log In

You are not currently logged-in to Blackwell Reference Online

If your institution has a subscription, you can log in here:

 

     Forgotten your password?

Find out how to subscribe.

Your library does not have access to this title. Please contact your librarian to arrange access.


[ access key 0 : accessibility information including access key list ] [ access key 1 : home page ] [ access key 2 : skip navigation ] [ access key 6 : help ] [ access key 9 : contact us ] [ access key 0 : accessibility statement ]

Blackwell Publishing Home Page

Blackwell Reference Online ® is a Blackwell Publishing Inc. registered trademark
Technology partner: Semantico Ltd.

Blackwell Publishing and its licensors hold the copyright in all material held in Blackwell Reference Online. No material may be resold or published elsewhere without Blackwell Publishing's written consent, save as authorised by a licence with Blackwell Publishing or to the extent required by the applicable law.

Back to Top