NCJ Number
59966
Journal
Deviance et societe Volume: 2 Issue: 1, Dated: (MARCH 1978) Pages: 59-64
Date Published
1978
Length
6 pages
Annotation
THE CONTRADICTIONS INVOLVED IN THE SECRECY RULE WHICH EXCLUDES JOURNALISTS FROM PRELIMINARY INVESTIGATIONS OF CRIMES IN BELGIUM ARE DISCUSSED.
Abstract
PRELIMINARY INQUIRIES ARE THEORETICALLY SECRET TO PROTECT THE RIGHTS OF THE ACCUSED; NEWSPAPERS, HOWEVER, SEEK TO EXERCISE THEIR RIGHT TO FREEDOM OF EXPRESSION IN INFORMING THE PUBLIC AS COMPLETELY AS POSSIBLE. REPORTERS OSTENSIBLY OBTAIN THEIR INFORMATION REGARDING THESE INVESTIGATIONS IN CONGENIAL CONFERENCES HELD WITH THE POLICE DEPARTMENT OR PROSECUTOR'S OFFICE. ACCORDING TO THE RULES OF PLAY, ONE SIDE TRIES TO LEARN AS MUCH AS POSSIBLE WHILE THE OTHER ATTEMPTS TO SAY ONLY WHAT IT HAS PLANNED IN ADVANCE TO REVEAL. EVEN IF A JOURNALIST HAS BEEN PERMITTED BY THE PROSECUTOR'S OFFICE TO PRINT CERTAIN INFORMATION, HE MAY STILL SUFFER CONSEQUENCES. THE MANNER OF REPORTING AN EVENT IS AS IMPORTANT AS THE EVENT ITSELF: THE QUANTITATIVE OR QUALITATIVE PRESENTATION OF THE INFORMATION CAN CHANGE THE ITEM'S IMPACT ON THE PUBLIC. NEVERTHELESS, INFORMATION WHICH LENDS ITSELF TO SENSATIONALISM IS SOMETIMES UNWISELY RELEASED BY THE PROSECUTOR'S OFFICE. AT TIMES JOURNALISTS ARE REQUIRED TO PRINT INFORMATION (E.G., STATISTICS) THAT MISREPRESENTS A SITUATION. IN WEST GERMANY, THERE IS A TENDENCY FOR A SACRED UNION OF DEFENDERS OF ORDER TO BE FORMED EVEN THOUGH NO REAL THREAT EXISTS. IT SEEMS INDEFENSIBLE THAT THE JUDICIAL AUTHORITIES DO NOT TAKE THE MORAL RESPONSIBILITY FOR THEIR PUBLIC ANNOUNCEMENTS AND THAT JOURNALISTS ARE THUS BOUND BY TIGHT SELF-IMPOSED MORAL STRICTURES, ESPECIALLY WHEN NEWSPAPERS ARE AT ONCE INTELLECTUAL AND COMMERCIAL. DESPITE THE GENERAL RESTRAINT OF THE BELGIAN PRESS WITH REGARD TO SENSATIONAL COVERAGE, THE CONFLICT HAS YET TO BE RESOLVED. --IN FRENCH. (KMD)