Media reporting of criminal cases

Since 2009 there has been a push for justice not only being done but being ‘’seen to be done’’. This has led to increased  reporting about criminal cases.  

It is thought that if local communities are informed about  criminal cases,  convictions and sentencing,  then there will be increased public confidence in the Criminal Justice System.

As they are a matter of public record, there is a  presumption  in favour of publicising anything on a public Court list, verdicts, sentences and anything said in open court (details of a hearing or Trial). Any report would need to include your name and some of your address to avoid confusion with someone of the same name.

If a media organisation reports a  spent conviction or anything that amounts to an untruth, then they may have committed defamation. It is not a criminal offence, so there is no criminal penalty for journalists or media organisations.  If this happens it is advisable to ask the organisation  to remove it and  any cached references on the internet. If this does not happen then  the continued publication could be viewed as malicious. You may then be able to make a claim for defamation. If proven, you could be paid damages for the effect that this has had. However, these are complex and expensive actions to bring. Possible defences open to the media, include: justification,  fair comment and public interest.

If the media are still publishing your conviction after six months, it is worth contacting them because sentencing outcomes should be published in a manner that is “timely and time-limited’’.  Recommendations are that convictions remain publicised for no longer than a month, and that publicity material is removed within six months of the conviction being recorded.

Useful organisations:

The Independent Press Standards Organisation

The Media Wise Trust - inaccurate or unfair press coverage.

The Information Commissioner’s Office - data protection and details on how and when to make a complaint.

For free initial advice please contact our crime team on 01606 592159.