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The case studies analysis revealed some examples of the negative effect of unethical media exposure and inappropriate disclosure of information regarding criminal cases, but the impact and consequences could be as various as the multilple specifics of a criminal case. Further examination of more cases is likely to shed light on other implications. The present analysis aimed to demonstrate the influence of extensive and unregulated publicity of ongoing criminal proceedings on the public views, perceptions and opinions, which takes the form of a multifaceted negative impact on the individuals that are suspects or accused, their families, and society at the local, national or international level. To address this issue, it is extremely important to introduce and monitor for the compliance to universal and mandatory rules and standards for communicating information regarding criminal proceedings. A positive step forward would be to incorporate the existing standards specified in the above-mentioned non-binding international instruments into an appropriate document that would ensure a higher level of compliance. It may take the form of self-regulations of judicial and police authorities, and media outlets with the establishment of a monitoring body. Alternatively, the compliance with existing international standards can be strengthened by their replication in relevant national legislation or international legally-binding instruments. Furthermore, it is recommended to organise trainings, awareness-raising and educational activities with a focus on the issue of communicating information about criminal cases and the negative implications that might follow from it in the context of fundamental human rights. Such activities would contribute to a better understanding of the problem and to pinpoint solutions through multi-stakeholder discussions between public authorities and media outlets. It is of utmost importance that the delicate balance between rights (e.g. the right to information vs. the right to privacy) is ensured when mandatory regulations are drafted. The standards suggested in this report are based on internationally recognised instruments and can serve as a model for the adoption of further regulations.
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Assessing the Risk of Isolation of Suspects and Accused (ARISA) is a series of projects striving to promote the rights of suspects, accused and convicted persons in the European Union.

This website was funded by the European Union’s Justice Programme (2014-2020).
The content of this Website represents the views of the author only and is his/her sole responsibility. The European Commission does not accept any responsibility for use that may be made of the information it contains.

The Presumption of Innocence and the Media Coverage of Criminal Cases
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