Reporting on Crime

Reporting on crime is a tricky business. It is necessary for journalists to report on on-going cases as it is in the public interest but it can cause all kinds of problems for the reporter, so it is critical that you know the law inside and out (or that you have a handy lawyer on staff that you can badger with questions).

A recent example of a legally questionable article is this one by the Daily Mail Rosdeep Kular - Daily Mail (and yes I’m only putting the link to cover my back).  This report was regarding Rosdeep Kular who has been charged with the murder of her son Mikaeel Kular. The article is headlined “Party lifestyle of Mikaeel’s mother who called herself the dancing queen” and Rosdeep Kular is pictured with an apparently alcoholic drink in hand.  As this is an “active case” this report could be damning on her character and therefore effect how she is viewed by the jury. An article like this is prejudicial to an ongoing case which could result in contempt of court.

It is crucial for a journalist to understand when a case is “active” as this drastically changes what is able to be reported. A case is immediately made “active” from the point of arrest. It is also made “active” by a charge, summons, or an arrest warrant.

The Daily Mail would be able to defend their article on Rosdeep Kular by referring to the “fade factor”. The case is still in its early stages and there is still isn’t a jury, therefore there isn’t a jury to influence. By the time of the trial the article will be old and will have faded from the memories of the public. However this was still a questionable article to publish and if I were in their situation I think I would have chosen not to publish (but this may just be because I am young and forever fearful of making mistakes).

The Mikaeel Kular case is very different when it comes to reporting the case, as it is being carried through in a Scottish court. The first hearing was a private hearing in the “sheriff court” which meant journalists weren’t allowed in. This differs to English courts where journalists are allowed to report on every stage of the trial.

There are opportunities to slip up everywhere you turn. If the media discovers that a person is being investigated by the police or another agency and then publishes this, identifying the person, then that person could sue the publisher for libel if that investigation doesn’t then lead to a prosecution. Even though it is factually correct that this person is under investigation, it is defamatory as it suggests guilt. An example of this is Chris Jefferies in 2011. This is also an example of how wrong the media can get it.

In 2011 Chris Jefferies won substantial settlements against eight newspapers for articles they published about him. Joanna Yeates who was one of Chris Jefferies was found dead and he was then subject to an investigation, arrested and released. Newspapers published defamatory material about him repeatedly and his face made the front page on several occasions. However another man was charged with murdering Joanna Yeates. What was published about Chris Jefferies resulted in two newspapers being charged with contempt of court.

Sometimes in high profile cases publications may choose to publicise a suspects name before charge, for example if it concerns a celebrity. This is because the celebrity may not wish to alienate the media or cause any more negative publicity so will choose not to sue in order to avoid making it into the limelight once more.

7 things to include in a court report:

1.       Name of the defendant

2.       Age and address

3.       Name of the court

4.       Plea

5.       Any applications for Bail

6.       Charge

7.       names of solicitors

It is also important for journalists to understand the different types of cases; civil and criminal;

Civil Cases are disputes between two individuals or organisations and will be shown as a name V a name e.g. Brown V Smith. In a civil case the person is “liable or not liable”. The standard of proof in a civil case is “on the balance of probability”.

Criminal Cases are offences which harm the whole community and are therefore against the sovereign. Criminal cases are shown as R V a name (R represents the sovereign) e.g. R V Smith. In a criminal case a person is “guilty or not guilty”. The standard of proof in a criminal case is “beyond reasonable doubt”.

The main thing to remember when reporting on crime/ court cases is that you cannot be too safe. You should be conscious of anything that represents itself as being a fact and you need to consider whether anything you report could be contested in court.

If in doubt, call the lawyer.