Abstract

http://ssrn.com/abstract=1609778
 


 



Open Justice or Open Season? Should the Media Report the Names of Suspects and Defendants?


Michael Bohlander


Durham University - Durham Law School

May 17, 2010


Abstract:     
This paper critiques to UK practice of media reports that identify the names and addresses of suspects and defendants before final conviction at the example of the 2010 decision of the UK Supreme Court in Guardian News. It juxtaposes this approach to the principle of open justice with the German self-regulation of the press and argues that names and addresses are irrelevant to the discourse about matters of public interest in the vast majority of cases and that naming names constitutes a violation of an individual's privacy.

Keywords: Open Justice, Media Reporting, Privacy, Freedom of the Press, Freedom of Speech

working papers series





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Date posted: May 17, 2010 ; Last revised: June 8, 2010

Suggested Citation

Bohlander, Michael, Open Justice or Open Season? Should the Media Report the Names of Suspects and Defendants? (May 17, 2010). Available at SSRN: http://ssrn.com/abstract=1609778

Contact Information

Michael Bohlander (Contact Author)
Durham University - Durham Law School ( email )
50 North Bailey
Palatine Centre
Durham, County Durham DH1 3ET
United Kingdom
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