The Presumption of Innocence and the Media Coverage of Criminal Cases - Page 11 of 23

Thus far, there is no international legal framework providing mandatory rules to media practitioners on reporting information regarding criminal proceedings. The media are regulated at the national level by laws and non-legally binding codes of ethics. However, international organisations and associations of journalists have developed non-compulsory ethical codes with an international scope. The aim is to establish uniform principles of conduct for journalists to deliver information to the public in a manner that does not violate the rights and interest of individuals, and society as a whole.

MEDIA COVERAGE

International standards

Among the various international documents, three acts could be distinguished and are widely recognised: the Global Charter of Ethics for Journalists adopted in 2019 by the International Federation of Journalists, the Code of Ethics adopted by the Society of Professional Journalists (hereinafter SPJ), and the Council of Europe Resolution on Ethics of Journalism.

The Global Charter was drafted in continuation to the Declaration of Principles on the Conduct of Journalists existing since 1954 and is based on major texts of international law, in particular the Universal Declaration of Human Rights. The SPJ Code of Ethics originated back in 1926, while its most recent version was released in 2014. Thereby, both codes contain long-standing rules and ethical standards that have been revised according to modern developments in the field of media and journalism. On a European scale, the Resolution on Ethics of Journalism provides that information and opinions expressed by media practitioners must respect the presumption of innocence, in particular in cases which are still sub judice, and to refrain from making judgements.

Based on the general principles laid down in these international instruments, the following ethical standards for media coverage on criminal cases, with a focus on the protection of the rights to a fair trial and privacy of suspects and accused, are suggested. The standards outlined below are in line with the Council of Europe recommendations on the provision of information through the media in relation to criminal proceedings, so as to achieve consistency and coherence of the guiding principles for both media and public authorities.

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