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

Posted: 17 May 2010 Last revised: 8 Jun 2010

Michael Bohlander

Durham University - Durham Law School

Date Written: 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

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: https://ssrn.com/abstract=1609778

Michael Bohlander (Contact Author)

Durham University - Durham Law School ( email )

50 North Bailey
Palatine Centre
Durham, County Durham DH1 3ET
United Kingdom

Paper statistics

Abstract Views
309