It's a principle, not a right

This past week in my media law class, we discussed open justice, which is a principle not a right. The judicial process can be under public examination because of the principle of open justice. It is a principle that can be both denied and limited in court and public debate. The media represents the general public who would do the criticizing the judicial process for themselves if they had access like the media.

However, there are limitations that go along with this principle. Based upon the jurisdiction you are in these limitations can vary. Because these limitations vary some much it is the journalist responsibility to know the jurisdictions for the area they will be reporting in. The main restrictions across Australia are concerned with sexual offenses, children, divorce, juries, national security, and official secrets.

Since the media represents the general public, journalist have more access to the court system than another citizen. Journalist have certain privileges such as sitting at the bench press, being able to take notes during the proceedings, audio taping and video recording. Depending on the judge, some journalist have the privilege of using social media to document the court's proceedings. This is usually done through the use of Twitter. However, journalist do have restrictions to particular court documents.

Even though judges can allow journalist to have access to court proceedings, they can also use suppression orders to prevent the disclosure of all or part of a case. For example, suppression orders can apply to protecting the identification of a witness. Anything said in court when the jury is not present cannot be published. Court can issue a 'pseudonym order' which is a type of suppression order that only uses a series of letters instead of a the person's real name.

Also some judges may not allow journalist the use of recording devices because may have repercussions on the case. Witnesses could be intimidated by cameras and it may affect their testimony. Equipment may malfunction that could disrupt the proceedings. Recorded excerpts of proceedings might be used for inappropriate or illegal purposes, such as letting a witness view the material before they have appeared.

With the use of open justice, there is also secret justice to protect particular individuals from the public and the media. Three processes in particular are considered secret justice. The first is the mental health system. If the suspect in a serious crime is unfit to stand trial, it progresses through the mental health system of that state or territory. The second area is 'alternative dispute resolution' which simply means out of court settlement. If this is the case then the details of the settlement are kept off public record. And the third is concerned with national security.