The King Commission live : an examination of the legal and ethical considerations involved in broadcasts of judicial proceedings

[摘要] ENGLISH ABSTRACT:The controversy around the broadcasting of court proceedings has reigned in the UnitedStates since the 1950s, reaching a peak with the trial of O.J. Simpson, widely interpretedas an example of the destructive effect of a media circus on the administration ofjustice. In many other U.S. courtrooms, however, television and radio journalists do theirwork unobtrusively, professionally and to the benefit of their viewers and listeners. TheKing Commission of Inquiry into allegations of match-fixing in cricket gave South Africaits first experience of television and radio coverage of judicial proceedings, and lay thebasis for a more liberal approach to electronic coverage of courts. The Constitutionprotects freedom of expression, including the freedom to receive and impart information.This has been interpreted by the High Court as conferring on radio journalists thefreedom to record and broadcast the King Commission's proceedings. It is argued in thisstudy that the High Court's reasoning could be applied with equal force to television, andto coverage of the courts. It is suggested a trial period of electronic coverage of courts,under clear guidelines for journalists and legal practitioners, may provide greater clarityon the desirability of allowing electronic coverage of courts on a permanent basis.

[发布机构] Stellenbosch University