Thursday, July 25, 2019

Media Law Essay Example | Topics and Well Written Essays - 5000 words

Media Law - Essay Example Moreover, if a judge excludes evidence because its probative value is outweighed by its prejudicial effect, and that evidence is reported in the media, can the defendant have a fair trial? All indications are that balancing these competing rights in the UK appears to favour the right to a fair trial over the freedom of expression accorded the media.4 Essentially, there are strict rules and laws in the UK relative to the publicity of a trial and constraints on the media so as to preserve the integrity of trial process.5 Essentially, the UK attempts to ensure that all restrictions on media reporting is limited so as to preserve the integrity of the judicial process so that constraints on freedom of expression by the media are proportionate to the ends of justice.6 This paper examines the way in which the UK’s legislature and judiciary attempts to balance or more especially fails to balance the tensions that arise in the application of the principles embodied in both the right to a fair trial and freedom of expression via the media. ... The final part of this paper will provide an analysis of case studies demonstrative of why the law attempt to balance the right to a fair trial with the media’s right to freedom of expression. In the final analysis, the legal framework for balances these tensions are ultimately aimed at preventing a trial in the media and ensuring that the issue of guild and innocence is determined in the court room, free of media influence and/or manipulation. I. Overview of the Right to a Fair Trial and Freedom of Expression via the Media A. Freedom of Expression By virtue of the UK’s Human Rights Act 1988, the European Convention on Human Rights (ECHR) was implemented and came into force in 2000.7 Although Article 10(1) of ECHR provides for freedom of expression, Article 10(2) goes on to ensure that freedom of expression is no an absolute right. Specifically, Article 10(2) cautions that freedom of expression â€Å"carries with it other duties and responsibilities† and therefor e: May be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity, or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.8 Maintaining the authority and impartiality of the judiciary can be seen as the most important constraint on the freedom of expression in the context of the right to a fair trial. This is especially so in

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