Federal
Court releases “TV In Courts” Report (21 December
1998)
The Federal
Court of Australia today released what is believed to
be one of the most comprehensive reports ever written
on the subject of court room television anywhere in the
world.
Entitled “Electronic
Media Coverage of Courts” the 300-page report
was prepared by legal academic Daniel Stepniak from the
University of Western Australia and follows an extensive
three-year study of the Australian and overseas experience.
It was commissioned
by the Federal Court in December 1995 to obtain information
and advice concerning possible future electronic media
coverage of courts.
Since then
the Court has allowed various levels of television access
on many occasions, including cases such as the "Superleague"
and the MUA/Patricks matters.
The Federal
Court has also become the first Australian superior court
to allow:
•the recording of judgments for
subsequent broadcast;
• the videotaping
of a whole trial (Yorta Yorta) for potential televising;
and •the
live broadcast of a judgment (MUA/Patricks Full Court).
Among his
50 recommendations, Mr Stepniak suggests the Federal Court
should undertake an evaluation project“continuing to permit electronic media access
to proceedings for a specified period subject to guidelines
imposed . . . and subjecting such access to systematic
analysis.”
He says the
Court only needs to make minor changes to convert currently
permitted electronic media access into a“structured and systematically monitored and evaluated
project which is flexible enough to encompass a range
of experimental approaches.”
Federal Court Chief Justice Michael
Black said the report had been made public to share the
latest information with other courts, the legal profession,
the media and the public and to “advance
an informed debate”on the issue.
“Many people both
here and overseas have assisted Mr Stepniak and it is
appropriate that we now issue the document publicly for
the benefit of everyone with an interest .”
“We know of no
other study which comprehensively compares the experience
with court television around the world. Previous reports
have tended to focus almost entirely on the US experience.”
The Chief Justice said it would
take time to study the report but that he anticipated
the Federal Court would move to formalise what had been
ad hoc arrangements with the electronic media.
“What needs to
be recognised is that the Federal Court has already gained
an enormous amount of experience over the last four years
and it is something which can be built upon.”
He emphasised that the use of
television in the Federal Court was ultimately a matter
for the presiding judge and the report did not recommend
that all requests for access would be granted.
Mr Stepniak said that before
an evaluation project was undertaken a steering committee
should be established consisting of judges, legal, and
media representatives to approve guidelines.
He also recommended:
• that as the electronic
media's capacity to inform and educate is best served
through extended coverage, the Court should treat favourably
proposals for extended coverage over those seeking to
broadcast only sound bites;
• while consent of witnesses
ought not be a precondition to permitting electronic media
coverage of entire proceedings, requiring witness consent
to their evidence being recorded may be appropriate during
the evaluation project; and
• the Court should not seek
editorial control but should reinforce the requirement
that media reports be fair, balanced and accurate.
A limited number of copies of
the 300-page report and the 700-pages of appendices are
available. Arrangements to obtain a copy of the report
and/or appendices can be made by telephoning the Federal
Court Librarian on (Australia) 02 9230 8345.
