TRIAL BY MEDIA THROUGH PREJUDICIAL REPORTING AND ITS IMPACT ON THE ADMINISTRATION OF CRIMINAL JUSTICE AND FAIR TRIAL RIGHTS OF THE ACCUSED

Abstract

The current era sees a transformation in news publication due to extensive TV, and cable use. This, under the guise of freedom of expression, could prejudice suspects, accused, witnesses, and judges. Consequently, this could impact the administration of justice. This thesis aims to explore the driving forces necessitating a criminal justice administration capable of safeguarding fair trial rights against ‘trial by media’. The concept can be traced back to discussions balancing freedom of speech and expression, as asserted by the media, and the right to a fair trial, as upheld by the judiciary. The study employs a qualitative research approach featuring both doctrinal and non-doctrinal aspects. It examines the Ethiopian criminal justice system’s legal framework, documentary films, press statement analyses, and interviews with legal professionals from the former Southern Nation Nationalities and Peoples Regional State (SNNPRS), Hawassa City High Court. The findings show that the Ethiopian Constitution does not limit freedom of expression and press to administer justice or protect fair trial rights. Moreover, ‘trial by media’ publications are not addressed in the Ethiopian criminal justice system. The Criminal Code of Ethiopia’s contempt of court law is ineffective in mitigating media trials’ impact. Media proclamations lack significant protections for an accused fair trial rights against media trials. Case studies on press statements released by then attorney generals, an analysis of the documentary film entitled Minabawi (illusion), and interviews with legal professionals indicate that trial by media is practiced in the Ethiopian criminal justice system. The researcher concludes, despite existing legal frameworks addressing some issues related to trial by media, the legal frameworks are not resembles adequate and effective in guaranteeing judicial proceedings and fair trial rights of the accused against the influence of trial by media. Therefore, prejudicial reporting by media trials is practiced. Given the legal and practical problems associated with this issue, this thesis proposes potential recommendations, through legislative adjustments and practices.