Comparative Law Approaches to Media Access to Court Proceedings

A particularly interesting panel, this one examines media access, pretrial publicity, and the presumption of innocence, comparing the laws and practices in the United States to those in several European countries and Canada.

The panelists speak to the national laws of continental Europe and case law of the European Court of Human Rights, law and practices in the United Kingdom, Canada, and the United States. Apparent differences emerge in both trial procedures and media actions and expectations in these various countries.

Questions/themes/discussion topics

• Comparing U.S. law to the law of other countries concerning media access to trials, pretrial information that might prejudice a juror, and the presumption of innocence
• What restrictions on the press do other countries employ to ensure that defendants get a fair trial?
• What restrictions do other countries employ to ensure that the reputation of innocent defendants are not irreparably damaged in the course of legal proceedings?
• Should freedom of the press be reexamined under a modern media lens?
• What are the differences between English law concerning journalist liability and U.S. law as defined by New York Times v. Sullivan?
• The effect of Naomi Campbell’s court case on UK law
• Difference between jury selection in the U.S. and Canada