Activity Details (ID# 7533)

Activity Synopsis

The objectives of the Seminar were to present the European standards concerning the coverage by the media of judicial proceedings and to discuss the possible difficulties encountered in this field in order to suggest improvements to the current functioning. 

During the first session, Mr HODGSON -former Chair of a Council of Europe the Group of specialists on freedom of expression and other fundamental rights - gave an overview of Council of Europe standards on the coverage of court proceedings. He elaborated on the rights and freedoms set out in the European Convention on Human Rights and Fundamental Freedoms, the case-law of the European Court of Human Rights and the Declaration and the Recommendation on the provision of information through the media in relation to criminal proceedings, adopted by the Committee of Ministers of the Council of Europe

Mr KASHAMOV - legal expert at the Access to Information Program - reminded that according to Art.41 of the Bulgarian Constitution everyone has the right to seek and disseminate information and that the judiciary has the obligation to perform in compliance with this right. He summarised the relevant domestic provisions focusing on court practice.

Mrs STAMBOLOVA, Magistrate at the Sofia Court of Appeal, commented on the Law on the Judiciary adopted on January 2003. She regretted that some ordinances of application have not been adopted. As regards the practical aspects of the relation between the Judiciary and the Press, she insisted on the role of press attachés and mentioned that press attachés had been appointed in several courts, especially in Sofia. She gave concrete examples of coverage of court cases. She regretted that often journalists knew very little about criminal proceedings.

Mrs BANGHIEVA, head of the Press Office of the Varna District Court, presented the District Court experience. She detailed the various initiatives taken by this Court intended for journalists but also for the public in general including children (training, publications, website, announcement and reports).

During the discussions in the first session, the attitude of the police who leak information at the very beginning of the proceedings was denounced.

The second session was dedicated to professional standards and practice of the media when covering judicial proceedings.

Mrs DIMITROVA - journalist at the Politics Weekly and Chair of the Investigative Journalism Association - analysed print media and broadcast stories dealing with court hearings and criminal cases. Her analysis showed that professional standards were not applied in several cases.

During this session, questions of ethics were raised such as: what kind of photography can be published? Should the rule of anonymity be systematically applied when witnesses are mentioned in a report? How far should the journalists' sources be protected? Should a journalist hide his profession to obtain information? And when information is obtained this way, should it be published entirely?

Mr BRADY dealt with these questions. He also explained that journalists report on judicial proceedings principally in order to ensure the public is aware of how the judiciary applies laws in individual cases. Thus the public is able to scrutinise the judiciary. He noted that even when reporters are doing their job correctly, they approach the courts from a different angle to that of the magistrates or the police. Journalists have to admit that they can actually influence the outcome of a judicial process by whipping up prejudice to such an extent as to bias a jury or even a judge and thereby prevent a fair trial. Mr. Brady discussed the Irish journalistic practice of covering judicial matters in a balanced way critically to highlight its shortcomings as well as its strengths.

The last session ''looking forward'', which was dedicated to the perspectives, gave panel representatives of public authorities and media organisations in Bulgaria an opportunity to summarise the questions raised and answered throughout the Seminar.

 

According to the survey, conducted by the partner institution among the participants after the seminar, the workshop managed to fulfil its goals and was highly appreciated by the participants. ProMedia is preparing a printable version in Bulgarian of the main documents, reports and discussions of the workshop to bring the topics discussed at the seminar to reporters and editors at different media, employees at press offices of the judiciary, professors and students of journalism. On the same day the Bulgarian News Agency BTA published a summary of the workshop topics. 

Journalists, press officers 

Mr Nicholas HODGSON, Senior Lawyer, Lord Chancellor's Department, United Kingdom
Mr Ronan BRADY, freelance journalist, Ireland
 

Ms Charlotte de BROUTELLES, Media Division, Directorate General of Human Rights