Free Press v Fair Trial: Judicial-Media Interaction


December 1, 1995


Justice F.B. William Kelly, Bruce Broomhall




Access to Justice / Justice Efficiency

Free Press v Fair Trial: Judicial-Media Interaction

When the media reports on the judicial process, freedoms collide. An accused’s right to a fair trial and the media’s right to freedom of expression are in frequent tension. The principle agents of these rights, the media and the judiciary are interdependent proponents of constitutional rights, often in conflict as to where the priority and emphases should be placed in the free press v. fair trial dichotomy. This paper explores the basis for these democratic principles as they relate one to the other, provides some background on the conflict, and suggests the tension between the two is an inevitable and perhaps necessary one. It also suggests some methods for the players involved to reduce the intensity of the conflict and improve their dialogue.


Justice F.B. William Kelly

Bruce Broomhall

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