Disclosing information on criminal cases - Page 10 of 11

Quiz 1

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Quiz 1- To Authorities

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1. In cases of public interest, can the media be invited to be present during procedural actions at the pre-trial stage?

a) Yes, if all persons involved consent in advance.

b) Yes, but only if the procedural action does not involve the suspect or accused person.

c) Yes, if appropriate measures are undertaken to preserve the confidentiality of the investigation.

d) No, as the principle of confidentiality does not allow the media to be present during investigative actions.

Unlike the trial stage, which is public, the pre-trial stage is confidential by default. Before the case goes to court there is no sufficient evidence leading to a justified assumption that the suspect or accused person has committed the crime. The presence of the media at investigative actions, even if the suspect or accused person is there, creates the risk of disclosing sensitive information that, if published, can be misinterpreted to the prejudice of that person thus affecting the presumption of their innocence.

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2. What type of personal information for the suspect/accused person is appropriate to be disclosed at the time of the arrest in an ordinary situation?

a) Type of offence, age, nationality, previous criminal record.

b) Age, gender, race, initials, type of offence.

c) Age, gender, type of offence.

d) Age, gender, name, previous criminal record.

At the pre-trial stage, it should be decided on a case-by-case method what information could eventually lead to the identification of the individual. The combination of age, gender, place of residence, and the type of the offence can be used as a balanced approach as this combination provides sufficient information about the suspected or accused person while it is vague enough to prevent their identification by the general public.

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3. Should the identity of the suspect or accused person be disclosed at the pre-trial?

a) It depends solely on the discretion of the authority disclosing the information.

b) No, the identity of the suspect or accused person should never be disclosed.

c) No, unless there are exceptional reasons to disclose it.

d) Yes, unless there are exceptional reasons not to disclose it.

Although the principle of confidentiality is leading within the pre-trial proceedings, which implies the obligation to preserve the anonymity of suspects and accused persons, in some situations it is admissible to disclose their identity. Generally, national legislation provides the circumstances which allow disclosing the name of the suspect or accused person, for instance in cases of public interest. The EU law provides that the identity of the alleged perpetrator may be disclosed if it serves a legitimate reason as tracing fugitive, crimes affecting more people such as environmental crimes, and others.

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4. What types of visualisations - images and footage - are not admissible to be disclosed to the public during the investigation?

a) Unanonymised images of a suspected person declared wanted.

b) Images of valuables that are subject to crime and seized items.

c) Images showing the face of the suspect or accused person taken from their social media profile.

d) Objects used for committing the crime, unanonymised pictures of police officials.

Dissemination of photos and video footage is admissible if it serves a legitimate purpose of the investigation, usually prescribed by the law. However, the dissemination of photos and videos uploaded on private social media profiles may be an intrusion into the persons’ private lives.

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5. A suspect/accused person was detained in custody. Disclosure of what information is appropriate when announcing the detention decision to the public?

a) Type of the offence and the reason for the detention accompanied by the name of the detained person whose identity no longer needs to be confidential because detention decisions are publicly available.

b) It is not recommended to announce detention decisions in order to preserve the presumption of innocence of the detained person.

c) Type of the offence and details about the character of the detainee presented as a reason for the detention.

d) Type of the offence and the reason for the detention accompanied by limited personal information such as age and initials.

Public authorities should provide regular and up-to-date information regarding the criminal process. The detention hearings are part of the pre-trial proceedings; therefore, confidentiality is the governing principle. Thus, no identifiable data should be revealed about the defendant. Describing the personal characteristics of the defendant is subjective and may present a personal opinion that portrays them in a negative outlook. It is admissible to reveal limited personal data which does not allow identification, the type of offence, and the reason for the detention (not the grounds presented in court) as a risk for fleeing the country, a significant concern that the behaviour of the accused person may jeopardise the proper conduct of the criminal process or other.

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6. A journalist is preparing a featured story on a closed criminal case that had attracted significant public attention. You are invited to take part in the production and share your views being a criminal justice practitioner directly involved in the proceedings. What should you consider when responding to the invitation?

a) The principle of publicity, the right to expression, and the right to information guarantee that no restrictions apply to public officials who decide to publicly share their personal opinion and internal information about a closed case.

b) The presumption of innocence principle provides that only cases which ended with a conviction can be commented on by public authorities after their closure, thus protecting the privacy of acquitted persons and not hindering their rehabilitation.

c) The presumption of innocence provides that only cases which ended with an acquittal can be commended on by public authorities after their closure, thus preventing the formation of a negative image of the convicted person.

d) After a case is closed, regardless of the final verdict, public authorities are allowed to comment it in featured stories, provided that they do not mention personal details about persons who are not directly related to the case, for example, the convicted person’s relatives, and details of their personal life which are not relevant to the story.

Once the case was closed and a court decision was enforced, it is admissible for public officials who have been involved in their professional capacity to share more details about the criminal proceedings. That could enhance the transparency of the national criminal justice system and increase public awareness of how it functions in practice. The information you share in any entertainment production succeeding the trial should concern exclusively the case and the criminal process. You should not refer to facts about the defendant’s personal life, personality, and third parties that are not relevant to the case at hand. You should use balanced and respectful language in case of both conviction and acquittal.

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7. Can the information published on the institutional website or social media profile be cited as information coming from official sources?

a) No, because institutional websites and social media profiles are not official sources of information

b) Yes, and because of that it should meet the applicable standards

c) No, because online content is subject to different and less restrictive regulations

d) Yes, and because of that institutional websites and social media profiles should not be used for releasing official information

Online channels of communication are a good way to keep the media and the public informed about the work of the criminal justice system. However, the media considers institutional websites and social media profiles official sources of information, and therefore they should fully comply with the professional standards and ethical principles.

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8. At what stage of the criminal proceedings it is recommended to speak to the media informally and off the record?

a) Only at the pre-trial stage of criminal proceedings when the principle of confidentiality is leading and formal communication is not permitted.

b) During none of the stages of criminal proceedings.

c) Only at the trial stage of criminal proceedings when the principle of publicity is leading and everything is open to the public.

d) Only at the final court hearing when the final decision is already made and informal communication can have no impact on the outcome.

Off-the-record conversations should be avoided during the whole criminal proceedings. Always bear in mind that your words may be cited as “anonymous source” or “sources with insight into the investigation”. Biased language and disclosure of information about the suspect’s or accused person’s private life, the investigation, evidence, or other matters that might be of the media interest, may be interpreted in a way that implies guilt or leads to pre-judgements in the public sphere. Thus, off-the-record comments should be avoided for the sake of preserving the presumption of innocence and the right to a fair trial. Ideally, only official information should be released.

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9. At the pre-trial stage of criminal proceedings, publishing images and videos of crime scenes, evidence and suspects is admissible if it serves a legitimate reason and it is proportional, i.e. for purposes of the investigation. Which of the following cannot be considered a legitimate reason?

a) Protecting public safety.

b) Public demands for more information.

c) Searching for witnesses and information.

d) Tracing fugitives.

CCTV camera footage of potential suspects or witnesses or photos of evidence and (parts of) the crime scene is justifiable to be disclosed for police purposes. Such procedures are as a rule well developed in the national legislation. Prior to publishing such visualisations, make sure you consult the relevant legislation, as well as your office’s press official, if available.

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10. A 15-year-old boy, Salim Bebbek, was arrested and charged for the murder of a 14-year-old boy called Rodrigo Perez. Both boys went to the same school and witnesses claimed they saw the two boys together shortly before the time of the incident. The incident took place in the local park of the small town Lécera, Zaragoza, with population of around 600 people. Salim Bebbek comes from a family of migrants from Syria. Both his parents work in the local shoe factory. As a public authority, which one of the following public statements do you find most appropriate to publish in a press release?

a) On 26 March 2022, 2:30 pm, Salim Babbek, 15, was arrested for committing the murder of Rodrigo Perez in Lécera, Zaragoza. Salim Babbek is a fellow student of the victim and is originally from Syria. Three years ago, he moved to Spain together with his parents who are low-paid workers in the local shoe factory. Salim Babbek was seen with the victim on the day of the incident, according to witnesses. He is detained for 72 hours. The investigation is underway.

b) On 26 March 2022, at around 2:30 pm, the police arrested a suspect for committing the murder of a 14-year-old boy who was tragically found dead in the local park in Lécera, Zaragoza. The detained juvenile is a boy aged 15. The investigation is still underway.

c) On 26 March 2022, at 2:30 pm, S.B., 15, was arrested for the murder of Rodrigo Perez, 14. S.B. and the victim went to the same local school and were eye-witnessed together on the day of the murder in the local park in Lécera, Zaragoza.

d) On 26 March 2022, at 2:30 pm, a 15-year-old boy was arrested for the murder of a minor in Lécera. The arrested juvenile is coming from a poor family of Syrian migrants, both parents are workers in the local shoe factory.

Particular caution should be paid when disclosing information about children involved in criminal proceedings. No data that would allow the identification of the suspect or accused child, neither directly nor indirectly, should be released. This includes information about the child’s parents, school, ethnicity. Confidentiality is also recommended as regards the identity of child victims. Moreover, the fact that the crime took place in a small community, poses the additional requirement to present only factual and limited information as identification of subjects is easier in smaller communities.

Your score is

Quiz 2

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Quiz 2- To Authorities

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1. Does the freedom of expression allow criminal justice officials to post information on their private social media profiles regarding cases they are currently working on if it is a highly publicised case?

a) Yes, the freedom of expression applies equally to all, including criminal justice practitioners

b) Yes, if the comments can only be seen by people the criminal justice official knows and trusts

c) No, criminal justice officials should refrain from commenting on pending cases

d) Yes, if other people have already posted public comments in relation to the same case

As a general rule, public authorities should avoid posting information regarding criminal cases on which they work or commenting on them in private social media profiles or blogs, at least until the case is closed.

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2. Which of the following statements is correct?

a) Identifiable data consists only of unique identifiers that directly reveal the identity of an individual (for example, fingerprints and ID number).

b) Identifiable data means the personal data of a suspect or accused person (name, age, gender, place of residence).

c) Any data can be identifiable data including, but not limited to, personal data.

d) Identifiable data is the data used to identify the person during the proceedings.

Identifiable data is all types of information that, let alone or combined, can directly or indirectly lead to the identification of an individual. That includes, but is not limited to:

• Names

• Age

• Ethnicity

• Gender

• City or state of residence

• Occupation or role

• Job function or title

• Medical records

• Number of ID, passport, bank account, etc.

• Email address, social media profile

Identifiable data is all types of information that, let alone or combined, can directly or indirectly lead to the identification of an individual. That includes, but is not limited to:

• Names

• Age

• Ethnicity

• Gender

• City or state of residence

• Occupation or role

• Job function or title

• Medical records

• Number of ID, passport, bank account, etc.

• Email address, social media profile

Identifiable data is all types of information that, let alone or combined, can directly or indirectly lead to the identification of an individual. That includes, but is not limited to:

• Names

• Age

• Ethnicity

• Gender

• City or state of residence

• Occupation or role

• Job function or title

• Medical records

• Number of ID, passport, bank account, etc.

• Email address, social media profile

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3. Does the dissemination visualisations of accused persons in handcuffs contributes affects the presumption of innocence?

a) Yes, because it constructs a guilty image of the person.

b) No, because it has a preventing effect on other members of society.

c) No, because it increases public trust in the criminal justice system and the feeling of safety in society.

d) No, because the public’s right to information includes information about restrictive measures imposed on the accused.

The visual presentation of individuals with handcuffs may be impactful and create a negative image of ‘guilty of the crime’ that in turn undermines the presumption of innocence from the public perspective. The European Court of Human Rights has adopted a decision that considers the exposure of defendants in a glass box to public view through the media as “degrading treatment” and a violation of the right to a fair trial. At the pre-trial stage, the presentation of suspects and accused persons as subjects to restrictive measures may lead to pre-judgements in the public eye and erode the image and reputation of potentially innocent people. If a photo of a restrained person becomes publicly available, it should be at least dully anonymised.

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4. After a press conference on the progress of an investigation, journalists ask for more information about the case, which is receiving significant public attention and is extensively covered by the media. What would you do?

a) Ignore the request and refer the journalists to what was already said during the press conference as they are not supposed to ask for information beyond the official statements.

b) Provide information “off the record” asking the journalists not to name you as the source.

c) Assess whether the public would be interested to know such additional information and disclose as many details as needed to show the progress of the investigation.

d) Assess whether such information might serve to add context to the press statement and send a written response after consulting your superior or the media relations officer of your institution.

In cases of high interest, the media would likely insist authorities share more about the case they work on. You can, by identifying the need for it, send written clarifications or additional information to the media. Such information can add context to a press statement or explain sensitive issues. Such an approach can be a good means of cooperation between authorities and the media.

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5. In which cases the principle that public authorities should not refer to suspects or accused persons as being guilty in public statements does not apply?

a) When the committed crime is particularly dangerous to society, for example in cases of terrorist offences.

b) There are no exceptions to this principle.

c) During the trial, because a case is brought to court when there is sufficient evidence to assume that the accused person is guilty.

d) When the person was convicted before, because the principle applies only to first-time offenders.

Directive (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings, Article 4 poses the obligation to Member States and the public authorities, not to refer to suspects or accused persons as being guilty in public statements and in judicial decisions, other than those on guilt. There are no circumstances that waive this legal obligation, as confirmed by the European Court of Human Rights case law.

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6. What pictures from detention hearings and reviews (at the pre-trial stage) should not be published on institutional websites or social media profiles?

a) Pictures showing the faces of judges, prosecutors, and other officials.

b) Pictures of the empty courtroom before or after the hearing.

c) Pictures showing the face of the detained person.

d) Pictures of the detained person’s lawyer.

The principle of confidentiality is leading throughout the pre-trial stages of criminal proceedings unless there are circumstances provided by law that allow the identity of accused persons to be revealed. In this respect, publishing images showing the face and disclosing the identity of the detained person is not admissible to protect the presumption of their innocence.

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7. Which of the following statements describes the most appropriate behaviour of judges in highly publicised criminal cases?

a) Judges should pay special attention to the media reports related to the case in order to keep themselves informed on public opinion.

b) Highly publicised cases require judges to appear in the media more often to convince the public that they will deliver a fair judgement.

c) There is no big difference between ordinary cases and highly publicised ones. The impartiality of judges cannot be affected by the media or the public expectations of the outcome of the case.

d) Reduced media appearances and receiving minimal information about the public sentiment on the defendant’s guilt are recommended.

Studies suggest that judges may be affected, albeit unconsciously, to rule according to the public expectations in highly publicised cases. Thus, judicial authorities should be extra cautious to sustain the impartiality of the court. Ideally, you should be informed only for major news and minimise your exposure to the media, social media and other platforms allowing discussions on the case between the general public. Judicial authorities shall also refrain from making public statements on the defendant’s guilt prior to the official announcement of the verdict.

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8. Fill in the blank with the correct word: “Inviting the press to the police office to take pictures of an arrested person has been recognised by the European Court of Human Rights as “…….”.

a) An essential element of the freedom of the press.

b) A violation of one’s right to private and family life.

c) Admissible in criminal cases involving prominent figures.

d) A violation of one’s right not to incriminate themselves.

At the pre-trial stage, it is generally recognised that the identity of suspects and accused persons should not be disclosed. There are exceptions such as the involvement of a public figure. However, in all cases, the visual presentation of an alleged offender in a degrading manner should be avoided. That includes photographing them in handcuffs, prison clothes, prison cells, and in any other way that may attribute the perception of a criminal to them. There is existing case law on the matter of the ECtHR.

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9. When reporting to the media on a criminal case involving a public figure as a suspect or accused of a minor offence, is it admissible to disclose their identity at the pre-trial stage?

a) Yes, because the right to privacy does not apply to public figures.

b) No, public figures have the same right to keep their private life protected like any other person.

c) Yes, because it can have a preventive effect on society as a whole.

d) Yes, but only if the offence is directly related to the accused person’s role in public life.

Prominent figures can be named if they serve as role models. The lives of popular people are as a rule more exposed due to the position they hold in society, in many cases by choice. It is admissible to disclose their identity when arrested if this serves a public discussion purpose (in cases of misuse of public funds, or drunk driving). You should distinguish between reporting details concerning famous and ‘ordinary’ people considering the consequences such information can have on their lives.

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10. Select which one of the following public statements best meets the standards for disclosure of information by criminal justice authorities.

a) The public prosecutor of Cagliari pressed charges against the woman T.H., 54, for smuggling of migrants. T.H. is Muslim and has a Pakistani citizenship. There is evidence that the woman facilitated the illegal entry of at least fifteen migrants, aged between 7 and 65, at the coastline of Quartu Sant'Elena.

b) The state court in Munich sentenced a man in his 30s to life imprisonment for murder, torture, rape and sexual assault.

c) A man, 24 years old, from Varna was charged with aggravated rape. The arrested man is of Roma ethnicity and lives in the local ghetto Maksuda, where the rape of a 19-year-old woman took place on 25 February 2021. The accused has a criminal record. He was sentenced in April 2013 to eight months in prison for hooliganism. In May 2014, he was sentenced again to another four months in prison for smuggling drugs. In 2015, he was sentenced to one year in prison for, among other things, the smuggling of drugs.

d) On 4 March 2021, Policia National arrested the minister of culture, Gloria Juarez, for misuse of public funds and forging official documents. The offence concerns misappropriation of funds in the Central Cultural Fund. Gloria Juarez is remanded in custody for 72 hours pending the investigations into alleged managerial and financial irregularities and forgery.

It is admissible to disclose the name of the accused person only in specific cases, for instance, they are public servants or public figures, and when the crime is of public interest like misuse of public funds. In general, it is not allowed to disclose identifiable data at the pre-trial stage that alone or combined reveals the identity of a suspect or accused person. Disclosure of previous criminal records should be avoided if it is not directly related to the case. Personal characteristics that may serve as grounds of discrimination, including but not limited to ethnicity, race, religion, and nationality, must not be mentioned. At the same time, the public should be provided with sufficient official information about court rulings and convicted perpetrators, especially for grave crimes.

Your score is

Quiz 1

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Quiz 1 - To Media

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1. Which of the following information is of public interest?

a) Any information published in the media.

b) Information promoting public safety.

c) What your audience likes most.

d) What you believe is interesting to the public.

Public interest is often defined as “the welfare or well-being of the society”. Therefore, information of public interest is every piece of information that might protect the community. Public interest might also refer to the acts of public officials who make decisions concerning public resources.

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2. When you have to report about a high-level official accused of misuse of public funds, can you name the person?

a) No, because the presumption of innocence applies equally to all suspects and accused persons.

b) Yes, because the presumption of innocence does not apply to public figures.

c) Yes, because the right to privacy is less protected when the person is a public figure.

d) No, because this would be a violation of the person’s right to privacy.

The right to private life of public figures is less protected. In some case, private matters of public figures are considered public when this serves the public interest. Public officials acting in their official capacity is a matter of public interest.

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3. An eyewitness of an armed robbery you are interviewing admits they knew the suspect as a child when they used to bully their classmates in school. Would you include this part when you release the interview?

a) Yes, because this information adds value to the profile of the suspected perpetrator.

b) No, because this information is not confirmed.

c) No, because it is irrelevant to the offence. Such footage builds a negative image of the suspect and can prejudice society and the justice authorities.

d) Yes, because the audience likes to hear such type of stories.

Although you might have obtained information that appears to be true, it does not contribute to the objective description of the person. It is rather a fragment of their life, which happened long ago and is hardly related to the case you are reporting. Besides, presented in relation to a criminal investigation, it can imply guilt.

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4. It is not recommended to publish identifiable data about the suspect or accused person if their identity was not officially disclosed by the authorities. Which of the following data, in your opinion, is not identifiable and can be published?

a) Information about the person's former or current place of work (for example, a former employee of a pharmaceutical company, currently an insurance broker).

b) The sex and age of the person (for example, a 37-year-old man).

c) Information about the person's health (for example, the person recently had heart surgery).

d) Information about the person's family (for example son of a businessman and a bank employee).

Identifiable data is any information that alone or in combination, can lead to the identification of the person. The more specific a piece of information is, the greater the chance that it, alone or taken together with other publicly available data, will lead to the disclosure of a person's identity. Gender and age are broad categories and would hardly be sufficient to identify the person. Any other information, although not specific, about the personal, family, and/or professional status of the person narrows considerably the circle of people to which that person belongs, and makes their identification possible, especially if compared with other easily accessible public data.

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5. The police have arrested a person suspected of preparing a terrorist attack. You know who the suspect is and where they live, but none of this information was officially disclosed. What would you publish?

a) The suspect’s gender and age.

b) The full name of the suspect, because terrorist crimes are a matter of public interest.

c) The suspect’s gender, age, ethnicity, and place of residence, because this information cannot lead to the identification of the person.

d) Nothing, because there is no official information about the identity of the arrested person.

Terrorist crimes are a matter of public interest and the public has the right to be informed about them. However, these crimes threaten large numbers of people, which is why the police often take urgent action before sufficient evidence has been gathered. Revealing a suspect's identity before official information is obtained risks publicly stigmatising an innocent person. Mention of ethnicity and residence is also inappropriate because it may create unwarranted fear in those living in the area or set the public against a particular ethnic group. Gender and age are common enough characteristics that can be revealed without risk of negative consequences.

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6. Which photograph would you select to illustrate a news article about the arrest of a person suspected of participating in a fight in which two children were injured?

a) The suspect sitting in a police car looking fearfully at the crowd outside.

b) The parked police car with no identifiable faces.

c) The suspect in handcuffs being escorted to a police car where an officer pushes his head to get him in the car.

d) The suspect entering the police station crying.

You should avoid publishing shocking crime scene views and photos of suspected or arrested people in handcuffs or other means of restraint or in severe emotional situations.

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7. You receive a video showing two visibly underage persons fighting on the street. Their faces are clearly visible. If you decide to include the incident in your news feed, what would you do?

a) Show the video blurring the faces of the fighting persons.

b) Show the entire video without modifications to preserve its authenticity.

c) Inform about the incident without showing the video.

d) Show the video blurring the faces of the fighting persons and adding a disclaimer warning about disturbing content.

You should avoid publishing any visual material involving children no matter whether or not they can be identified. Children enjoy the highest degree of privacy because of their age and any excessive public attention on their personality can have long-lasting consequences on their lives.

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8. In your view, does the following publication correctly refer to the arrested person:

“A recidivist seized €100,000 from a house in Vienna.

A 34-year-old resident of Grinzing has been detained after he stole 100,000 euros from a private home, the Vienna Police announced.”

a) No, the person is described as guilty, which is further strengthened by the mention of their previous convictions.

b) Yes, because the details announced do not allow the suspect to be identified.

c) Yes, because the person’s name is not published.

d) No, once the person is arrested the news should give more details about the case.

When announcing a person’s alleged affiliation with a crime, make sure to use neutral language observing the presumption of innocence. Mentioning previous arrests or convictions for similar or for completely different crimes creates the impression that the person is more likely to have committed the crime. Such details describe the person in a negative way without adding value to the information about the specific incident.

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9. You are covering a high-profile case involving a popular artist. You have access to the courtroom but you are not allowed to record the hearing. What is the most appropriate thing to do in such a case?

a) Talk to the other persons in the courtroom to obtain more information about the defendant or the case.

b) Take notes and write your report on them.

c) Make an audio recording to make sure you have a record of everything said.

d) Take photos of the courtroom so that the attendees are not visible.

The publicity of trials is subject to certain rules. Photographs, video and audio recordings during a hearing can normally be made only with the permission of the judge. Make sure to respect the order in the courtroom and the privacy of attendees.

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10. A person, who was accused of murder but subsequently acquitted, asks you to remove your articles published online during the proceedings. The person claims that they were trying to find a job and rebuild their life, but several employers have already rejected their application after coming across the publications about the case, which mentioned nothing about its outcome. What would you do?

a) Delete the articles.

b) Publish a new article specifically informing about the outcome of the trial.

c) Update the articles with information about the outcome of the trial.

d) Leave the articles unchanged because you are not obliged to remove them and, at the time of their release, they described correctly the course of the proceedings.

Removing the news would generally violate the public’s right to know what happened in the past. The negative image of the person is not the result of your article but of the criminal proceedings that actually happened. As a journalist, however, it is appropriate that you follow the case to its end and report on all its phases in the same way. To properly inform the public, it is better to modify and update the already published articles instead of publishing a new one, because this will reduce the risk of readers not making the connection between the different publications.

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Quiz 2

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Quiz 2- To Media

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1. The right to information and the freedom of expression on the hand, and the right to privacy and the presumption of innocence on the other are often in conflict when covering criminal proceedings. In which of the following cases the right to information prevails over the right to privacy and you can publish the name of a suspect or accused person even if the authorities have not officially disclosed it?

a) A famous artist, 16 years old, is accused of drug possession.

b) The brother of a high-ranking politician is accused of car theft.

c) A 15-year-old boy is arrested on suspicion of involvement in the preparation of a terrorist act.

d) The mayor of a small town is accused of taking bribes in exchange for building permits.

It is justifiable to reveal the name of the accused when they are a public figure. Persons holding public office or using public resources are public figures by default, no matter how high a position they hold. Their friends and relatives, however, are not considered public figures just because they have a familial connection to them. An appropriate criterion to determine whether a person is a public figure is whether their popularity is the result of their own choice. Children, on the other hand, are subject to the highest degree of protection of their privacy and disclosure of their identity without reference to an official source is not appropriate.

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2. The authorities have not disclosed any official information about a case you want to cover, but you have learned from unofficial sources some details about the act and the alleged perpetrator. What would you publish?

a) Anything that can be attributed to a trusted source even if it is not disclosed.

b) Only information that has been verified, confirmed and does not include identifiable data.

c) All the facts and personal opinions I can find, because the public has the right to be informed.

d) Nothing until the authorities officially release the information.

Publishing only facts that cannot be contested in court can keep you safe from lawsuits. Assumptions and opinions, regardless of your pluralism, can bias the public and the criminal justice authorities, as well as influence the investigation.

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3. Which of the following participants in the criminal proceedings can be regarded as a source of official information about the case?

a) The expert witnesses.

b) The witnesses.

c) The accused person’s lawyer.

d) The prosecutor.

The criminal justice authorities (the police, prosecutors, judges, etc.) are the only source of official information about criminal cases. The other participants in the proceedings should not be regarded as official sources, because they are either interested in the outcome of the case (the accused person and their lawyer) or bound by confidentiality rules (the witnesses and expert witnesses).

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4. A suspected person’s lawyer asks you to interview their client’s child who can share new information about the crime in support of their parent’s innocence. What would you do?

a) Agree to do the interview on the condition that it will take place in the presence of the lawyer or another adult member of the child’s family.

b) Refuse to do the interview because the child cannot be trusted because of their age and their emotional relation to their parents.

c) Refuse to do the interview because it is not appropriate for children to be involved and publicly exposed in relation to criminal cases against their parents.

d) Agree to do the interview, because the public has the right to know all the details of the case.

You should avoid exposing children to excessive public attention, even if this is in the interest of their parents. The lawyer is not a public official and is interested in the outcome of the case, so their presence does not guarantee the best interest of the child. If the child has something to share about the case they will probably be questioned by the authorities. A second interview, this time for the media, may cause further negative emotions to the child.

5 / 10

5. Police announce they have arrested two people for robbing a local store. The shop assistant claims that although robbers were masked, he believes they were members of a local gang. Another gang member you know tells you he does not know who was arrested or for what, but of his gang, only two persons go to this store because they are immigrants and this is the only place in town that sells products from their country. What will you post to cover the case?

a) The police arrested two people for shop robbery, vendor says both are immigrants from a local gang.

b) The police arrested two people for shop robbery, the perpetrators are immigrants from a local gang.

c) Two immigrants from a local gang robbed a store, the police arrested them.

d) The police arrested two people for shop robbery, vendor says both perpetrators are probably members of a local gang.

When using different sources, it is important to correctly indicate which source refers to which information. Mixing information from official and unofficial sources can be misleading and give the impression that everything comes from an official source. It is also important to clearly distinguish between confirmed facts (arrest of two people) and unconfirmed facts (according to the vendor, members of a local gang), and to avoid unwarranted assumptions based solely on interpretations (possibly immigrants).

6 / 10

6. To properly observe the presumption of innocence you are advised to not disclose the identity of the suspect or accused person before the authorities do so. At which point, in your opinion, you can reveal the person’s identity?

a) When the accused person is detained in custody because detention is imposed when there is enough evidence that the person is guilty.

b) When the trial begins because trials are public and the identity of the defendant is no longer subject to the confidentiality rules applicable to the pre-trial investigation.

c) After the court’s final decision is delivered and publicly announced because until that moment the accused person is presumed innocent.

d) When the accused person makes a confession, no matter at what stage of the proceedings because this means that they are no longer protected by the presumption of innocence.

The presumption of innocence applies until the accused is found guilty by a court decision. Until that time, the accused should not be described as guilty. This, however, does not mean that their identity could not be disclosed until the case is closed. The publicity of the trial means that members of the public and the media have the opportunity to attend the trial and report what they have observed, including the identity of the defendant.

7 / 10

7. Would you publish the following: “Despite the police have not named the suspected persons yet, three witnesses confirmed that the lady was killed by two local youngsters named Steven and Danny”?

a) Yes, because three persons have confirmed the information.

b) No, because their last names are not mentioned.

c) Yes, because the community needs to be warned about those people living in their area.

d) No, because observing the presumption of innocence the two should not be declared guilty before the court does.

The statement does not respect the presumption of innocence and should not be published. Mentioning the persons’ names in combination with indications about their age and place of residence ("local youngsters”) may lead to their identification.

8 / 10

8. Which of the following statements properly present the information that a man is accused of drunk driving and causing a serious traffic incident?

a) The drunk Croat who caused a massive incident goes to court.

b) Sanja Radic, 37, goes to court for causing a serious incident after using alcohol.

c) Sanja Radic, 37, takes responsibility for drunk driving and causing damage worth millions.

d) A 37-year-old man goes to court for drunk driving and causing 1.5 mln worth damage. He was accompanied by wife Diana and two kids Helena and Zlatan.

When reporting about a trial, you should use non-biased language and avoid implying guilt, emphasising the persons’ ethnicity, or unnecessarily naming other members of their family who are not directly involved in the proceedings.

9 / 10

9. During the trial at what stage it is appropriate to ask the judge what the sentence will be?

a) After all the evidence has been presented and the outcome of the case should be clear.

b) You cannot ask the judge about the outcome of the case before the passing of the sentence because you will breach the presumption of the defendant's innocence.

c) At any time, because the judge can always change their mind and pass a different sentence.

d) Once the accused has made a confession.

Judges should not comment publicly on the possible outcome of a case before they have delivered their final decision. Even if such comments have been made you have learned about them, this information should not be made public as it would violate the presumption of innocence of the accused, which extends to the formal passing of the sentence.

10 / 10

10. A criminal trial of high interest ends up with acquittal. What would be the most appropriate way to cover the news?

a) Inform about the outcome, including the motives for the acquittal, and make a recap of the entire case together with the popular versions that circulated in the public space.

b) Such news should not be reported in the media as the court decision is public and everyone can read it.

c) Make an extensive interview with the acquitted person’s lawyer.

d) Briefly inform on the sentence as everything else was already said during the previous phases.

It is recommended to report on the outcome of a criminal case in as much detail as the other stages of the proceedings have been covered. At this phase, versions can be freely commented on without concerns that they might influence the trial. However, make sure to clearly distinguish between versions that appeared not to be true and the actual sequences of events. In order to fulfil the media’s main responsibility to inform the public, you should summarise the entire case so that future readers can obtain the entire information at one place.

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