MEDIA LAW Copenhagen University Session 9 Dirk VOORHOOF Ghent University (->contact)

Session Media and court/crime reporting - Media and terrorism - Media and terrorism

Recommendation COE Rec (2003) 13 Principles Concerning the provision of information trough the media in relation of criminal proceedings 18 principles Principle 1 : “The public must be able to receive information about the activities of judicial authorities and police services trough the media. Therefore, journalists must be able to freely report and comment the functioning of the criminal justice system” Recent application in ECtHR judgment in the case of July and Libération v. France (14 February 2008) Explicit reference to this principle (§ 66).

Recommendation COE Rec (2003) 13 Principles Concerning the provision of information trough the media in relation of criminal proceedings 18 principles - presumption of innocence - respect for privacy 2 – 8 (picture: Bar & Law Society, Belgium, January 2008)

Recommendation COE Rec (2003) 13 Principles Concerning the provision of information trough the media in relation of criminal proceedings other principles - right of reply/correction – 9 - access/information/ admission to courts - 4/6/12/15 - live reporting only if permission – 14 - protection of witnesses media reporting afterwards – 17/18

Declaration 10 July 2003 on the provision of information trough the media in relation of criminal proceedings Call on member states - organise training, support self-regulation, involve media in legislative processes Call on media and journalists - co-operation, professional ethics - respect for art. 6/8 ECHR - respect for minors and vulnarable persons - avoid prejudicing and pejorative references likely to incite xenophobia or violence - entrust reporting criminal proceedings to journalists with adequate training!!!

Media & Terrorism - Declaration on freedom of expression and information in the media in the context of the fight against terrorism 2 March Convention of the Prevention of Terrorism 16 May 2005 (art. 5 b).

Declaration on freedom of expression and information in the media in the context of the fight against terrorism 2 March Principle = FOX - Media reporting on terrorism is not support for terrorism - No obstacles for media professionals in having access to scenes of terrorist acts - Information to media and journalists - Right to report about enforcement of sentences - Editorial independence - Training of journalists! - Invitation to media & journalists -Responsibilities, not contribute to aims of terrorists -Safety of persons in antiterror -Self-regulation, codes of ethics -Hate speech; victims

ART. 10 ECHR, FOX? The Council of Europe Convention on the Prevention on Terrorism, Warsaw 16.V.2005 Each party shall adopt such measures as may be necessary to establish public provocation to commit a terrorist offence when committed unlawfully and intentionally, as a criminal offence under its domestic law, art. 5, 2 “public provocation to commit a terrorist offence” means the distribution or otherwise making available, of a message to the public with the intent to incite the commission of a terrorist offence, where such conduct, whether or nog directly advocating terrorist offences, cause a danger that one or more such offences may be committed, art. 5,1