Pre-trial publicity: the case for reform

This paper questions the role of legal constraints in the reporting of trials by reference to the situation in Great Britain. Traditionally a good deal of pre-trial publicity in the press and other media has been regarded as a threat to the fairness of the outcome of the trial. The Law on Contempt of Court has been used to control media activity in this area. However, much of this is built upon assumptions about the nature of the juror which may not be well founded. Research evidence is reviewed and it is suggested that the fairness of the juror and an ability to react in an unbiased manner to evidence after being exposed to ‘prejudicial’ publicity are more accurate interpretations. It is suggested that there are alternatives to legalistic controls over the media and that abandoning some legal control might not have the undesirable consequences sometimes imagined.