Media Responsibility for Fair Trial (From Jury - Proceedings of Seminar on The Jury, 20-22 May 1986, P 89-95, 1986, Dennis Challinger, ed. - See NCJ-103890)

• NCJ Number: 103894
• Author(s): T Molomby
• Date Published: 1986
• Length: 8 pages
• Sale Source: Australian Institute of Criminology
• Language: English
• Country: Australia

Annotation

This paper examines media attitudes, particularly in Australia, toward the fair trial-free press conflict.

Abstract

Australian media personnel, as well as the media in other countries, do not accept responsibility for ensuring fair trials. They view their responsibility to be that of reporting any and all facts to the public without censorship or legislated restraint. Media personnel rationalize their commitment to giving all the news as the foundation of a free society where all that has a bearing on community life is known to citizens. Responsible media personnel recognize that a free society is meaningless unless the rights of individuals are protected. Although the right to a fair trial is acknowledged by the media, they are reluctant to acknowledge that a free press jeopardizes that right unless it can be proven that unrestrained press reporting creates prejudiced juries. It is unreasonable to assume that media reporting does not influence prospective jurors. It is equally unreasonable to assume that the media will voluntarily restrain reporting to serve objectivity in court deliberations. Media personnel all too often follow the lead of the least responsible reporters. The principle of a free trial must be guaranteed by law if it is not to be jeopardized by the media. 2 references.