ACCESS TO JUDICIAL AND QUASI-JUDICIAL PROCEEDINGS

The administration of justice is a public matter and it must be conducted openly, despite the personal and sensitive nature of some cases.

Courts and tribunals should exclude the public only in the most exceptional of circumstances, and even in such cases, the press should be present in order to report on matters of public interest and the administration of justice. Separate rules of access for the press and the public should be established by legislation that would, at the same time, better balance the right to personal privacy, the open and public administration of justice and the right of the public to be informed on matters of public interest.

COURT REPORTING

The right to a fair trial is a fundamental legal principle.

The press has a duty to report that which is in the public interest, but must not obstruct justice by influencing its outcome. Guilt by association must never be implied, and the presumption of innocence must always be respected. Media coverage of the courts should never amount to “trial by media.”

In cases concerning family law or sexual assault, the press must be vigilant in respecting victims’ privacy and the protection afforded minors. Once coverage of a story has begun, it should be followed through to its conclusion, and the prominence given to the outcome of a trial (be it conviction or acquittal) should be equivalent to that accorded the original arraignment or indictment. It is up to the media to establish and oversee the appropriate mechanisms to ensure that this is done.


CRIMINAL RECORDS

In reporting judicial proceedings, the press cannot report the criminal records of the defendants unless they are introduced as evidence in open court. Violating this rule can result in contempt of court and undermine the presumption of innocence that is a fundamental prerequisite to a fair trial.

In other contexts, the press should be prudent in deciding whether to publish an individual’s criminal record, given the effect that could have on his or her reputation and eventual rehabilitation. Mention can be made only if it is pertinent to the story and clearly in the public interest.

THE PROTECTION OF MINORS

Save in exceptional circumstances, the press is forbidden by the Youth Protection Act and other laws from identifying minors involved in court proceedings, be they the accused, a victim or a witness. Respect for these provisions is not only a matter of legal obligation, but also of ethical behaviour, as identifying minors could pose a threat to their safety or well-being, and compromise their social reintegration.

Even in cases that do not involve the legal system, the media should be careful not to identify minors if doing so might stigmatize them in some way or compromise their personal safety or social development.

There are times when the public interest supersedes this principle. For example, an editor may see a need to bring to light tragedies or other events involving juveniles that threaten the well-being of an individual, a group or society as a whole, or to investigate serious social problems involving youths. In all cases, the press must exercise discretion and restraint and demonstrate respect for those involved when choosing how to cover a story. The press should also avoid causing unnecessary suffering to the young victims of traumatic events. The identity of juveniles should be revealed only in exceptional cases. All necessary precautions must be taken and the free and informed consent of the youths must be obtained in the presence of their parents or guardians.  It is preferable to prevent the harm caused by the publication of a youth’s identity than to later undo it.  Harm caused by the publication of the identity of a youth is better prevented than repaired.