I am a cadet journalist who has been asked to report on a court case. What restrictions must I be aware of?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Lisa Wulfsohn, Malvern 3144 VIC
- You must avoid the following:
- revealing the accused’s prior convictions;
- breaching any non-publication order;
- implying guilt or innocence of the accused including interviews that might affect witnesses;
- comments about the case as opposed to factual reports of the case;
- confessions;
- pictures of the accused where identity is an issue; and
- anything said or any evidence that was produced in the absence of the jury.
- A problem is that the laws relating to this issue are often not enforced in a uniform manner.
- Journalists witness their competitors publishing articles that appear distinctly in contempt of reporting sanctions and who escape punishment.
- This puts pressure on some reporters to take risks with these laws in order to be competitive.