EIRP Proceedings (Jun 2009)
Considerations Regarding the Observance of the Presumption of Innocence in the Media
Abstract
The presumption of innocence, the right of privacy, of an intimate and a family life, the freedomof speech, officials, the deontological code of the journalist Abstract: In the context of the Rule of Law, amodern governing guarantees to anyone the presumption of innocence until is delivered an unappealablecriminal decision. Nevertheless, in almost all the cases, the media, by virtue of freedom of speech, bringsprejudices to the dignity, the honor and image of the officials, investigated in criminal cases, having as aunique argument the fact that a media campaign, searching the sensational, does nothing else thanreproducing hostile manifestations - public servant - thus influencing the public opinion. They affect theprinciple of presumption of innocence, inducing unfortunate effects above the default of justice. Thus, themedia takes the information from prosecutors that operate within the courts, shading them by the depreciatingallegations addressed to the public persons as defendants in criminal cases, creating to the public opinion adistorted image of reality, before the justice has passed through a final criminal decision on guilt or theirinnocence.