Vittorio Manes

The «victim» in the «mass media trial»: restorative measures

  • Abstract

Informations and abstract

Keywords: Mass Media Trial; Presumption of Innocence; Freedom of Expression; Right to Respect for Private Life; Fair Trail.

The well-known phenomenon of «mass media trial» emerges from the struggle among conflicting rights: on one hand, the right of the public to be informed and, on the other, the rights of the accused person (right to respect for private life, right to privacy, presumption of innocence) as well as the general interests towards fair trial. The paper provides remedies the victims of «mass media trial» should be granted when they have been either convicted or absolved of all charges. In case of conviction, the penalty should take into account the affliction suffered because of the "second" trial celebrated on newspapers and TV channels. On the contrary, in case of acquittal, the paper suggests that the judge should impose the media an obligation to rectify the piece of information, publishing the favourable sentence, in addition to the monetary compensation the State should ensure.

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