Justice secretary says media attention on suspects in cases such as the Joanna Yeates murder was 'startling'
The justice secretary, Ken Clarke, warned newspaper editors on Tuesday not to risk contempt of court with excessive reporting of suspects in police investigations.
Clarke said the focus of media attention on suspects in recent criminal cases had been "startling" and "far removed" from what it was just a few years ago.
He added that he would "prefer not to legislate" and said it was up to editors to make sure their publications remained within the law.
"Cases get ever more startling in the details that start being given to the public of the identity and other circumstances of people who have been arrested by the police in conjunction with an offence but haven't actually been charged with anything," said Clarke.
"I have been concerned recently by some of the reporting of suspects in criminal cases. The practice today is far removed from that which would have been tolerated by a court a few years ago.
"Ideally we have no plans to legislate ? we rely mainly on the responsible behaviour of the press, who didn't use to do this kind of thing. They would never have dreamed of reporting these cases 10 years ago in the way they are reported now."
Clarke's concerns echo those expressed by the attorney general Dominic Grieve over media coverage of the Joanna Yeates murder investigation.
Grieve first expressed concerns over possible contempt of court in relation to the investigation at the end of last year, and mooted a possible change in the law in an interview with BBC Radio 4's Law in Action programme to be broadcast on Tuesday.
Grieve accused the media of having a "frenzied interest" in high-profile arrests in police investigations, and said a "degree of self-restraint which used to exist in national newspapers" had almost entirely vanished.
He added that the media could be prevented from naming people arrested by the police but not yet charged.
Clarke, speaking at the unveiling of a new defamation bill by the government on Tuesday, said: "There are two problems. One is sometimes the person is released without any change being brought against them and it turns out to be a totally innocent member of the public who has been subject to fierce scrutiny.
"Sometimes they are subject to so much scrutiny that their lawyers start arguing that they won't get a fair trial."
Clarke added: "I am sure we would prefer not to legislate. Practices are changing. There is some concern."
The minister of state for justice, Lord McNally, who appeared alongside Clarke for the unveiling of the defamation bill, reinforced the sentiments of the justice secretary.
"I do think the press should ponder very hard where the right to a fair trial now rests, as against the need to publicise some of these cases," said McNally.
Clarke said the government had no plans at present to introduce a privacy law or legislation regarding the controversial use of "super injunctions".
"They are not in our programme," he said. "I don't rule out at some stage the government may be persuaded to have a look at the two [issues]. But we have no plans or policy on the subject at the moment."
? To contact the MediaGuardian news desk email editor@mediaguardian.co.uk or phone 020 3353 3857. For all other inquiries please call the main Guardian switchboard on 020 3353 2000.
? If you are writing a comment for publication, please mark clearly "for publication".
Source: http://www.guardian.co.uk/media/2011/mar/15/ken-clarke-suspects-contempt
Rudolph Giuliani Al Gore Chuck Hagel Stephen Harper Dennis Hastert
No comments:
Post a Comment