نشر إجراءات المحاكمة عبر وسائل الاعلام بين حرية الإعلام و الحقوق المتصلة بحسن سير العدالة : دراسة تحليلية تأصيلية انتقادية مقارنة

الملخص EN

Publicity of trial hearings guarantees public supervision over judiciary functioning and hence realizes the intended goal of legislator of boosting confidence in judiciary.

However dissemination of trial proceedings and commenting on them stirred a considerable jurisprudential debate.

Mass media have its own mechanisms for covering trial proceedings and news, and it went even further: we started to read in newspapers, and websites, and watch in TV full coverages of cases that are still pending before courts.

However, the real problem is when media depicts the accused as the actual perpetrator and deal with accidental incidents as a public opinion issue which shakes judges' impartiality and beliefs.

Criminal legislations have attempted to strike a balance between freedom of media and proper administration of justice, the latter shouldn’t be sacrificed if trust in judiciary is to be maintained.

Since freedom of media principle allows mass media representatives to attend trial hearings and publish their proceeding, the right to a fair trial necessitates that the trial proceedings not be affected by any external factors.