The murder of Canny Ong in Kuala Lumpur on June 13 opened up the proverbial can of worms on several fronts, with issues of public security and the police response hogging the headlines.

However, some sections of the media also stood accused of a shortfall in long-held editorial standards to withhold the identity of suspects in criminal investigations until they are charged in court.

In Strasbourg, France, the Council of Europe has expressed similar concerns over the growing commercialisation of information in this field.

On July 10, its committee of ministers issued a declaration on the provision of information relating to criminal proceedings by the media.

In their declaration , the ministers reaffirmed their commitment to freedom of expression, press freedom and right to information.

They stressed the importance of media coverage of criminal proceedings in highlighting the deterrent function of criminal law, and to ensure public scrutiny of the functioning of the criminal justice system.

However, the ministers said these have to be weighed against other factors including the right of reply of the accused and the rights of the defence.

They therefore called on journalists to uphold the presumption of innocence, a fair trial and respect for private and family life as guaranteed by the European Convention on Human Rights.

Committee recommendations

The ministers called on member states to encourage responsible reporting on criminal proceedings by supporting journalism training in law and court procedure in co-operation with the media, professional organisations, educational institutions and the courts.

They noted that this would lead to understanding of court proceedings and the rights and interests of the parties to criminal proceedings as well as the state, which are at stake during such proceedings.

The committee said there should be support for self-regulatory initiatives by which the media can define professional ethical standards for reports on criminal proceedings, and for the 18 principles in the declaration.

In addition, the media should draw up professional ethical guidelines and standards where these do not yet exist, and to foster compliance with these.

Media organisations were asked to entrust reporting on criminal proceedings to journalists with adequate training in these matters.

Access to information

The committee identified 18 principles which, it said, should be implemented and brought to the attention of judicial authorities, the police, and organisations of lawyers and media professionals

While the public has a right to receive information on criminal proceedings, the media should respect the presumption of innocence as "an integral part of the right to a fair trial".

Therefore, information should only be communicated and disseminated where this does not prejudice the rights of the suspect or accused, who should be treated as innocent until proven guilty.

Under four principles addressing access to accurate information, the committee said the authorities should only release verified information - or that based on reasonable assumptions - to the media.

"When judicial authorities and police services themselves have decided to provide information to the media, (it) should be provided on a non-discriminatory basis and, wherever possible.... by authorised officers or authorised means," the committee said.

In high-profile cases, information on the investigations should be released regularly, so long as this does not prejudice official secrecy or delay or impede the outcome of criminal proceedings.

"Judicial authorities and police services should not exploit information about ongoing criminal proceedings for commercial purposes or purposes other than those relevant to the enforcement of the law," the committee cautioned.

"(They) should abstain from publicly providing information which bears a risk of substantial prejudice to the fairness of the proceedings."

Principles for the media

Journalists were advised to respect the dignity and security of victims, claimants, suspects, accused, convicted persons and witnesses as well as of their families. Their right to privacy should be upheld "unless the information is of public concern".

Particular sensitivity must be shown to the interests of minors and other vulnerable persons involved in criminal proceedings, while journalists are "not to recall a former offence of a person, unless it is of public concern or has become of public concern again".

Those who have been the subject of incorrect or defamatory media reports in the context of criminal proceedings are entitled to the right of correction or reply. This should be also be applied in instances where press releases contain incorrect information.

Where the accused can show that the provision of information is highly likely to result, or has resulted, in a breach of the right to a fair trial, he or she should have an effective legal remedy.

Journalists should avoid prejudicing criminal investigations and court proceedings, and to "avoid prejudicial and pejorative references...where these are likely to incite xenophobia, discrimination or violence".

The remaining principles cover journalists' access to court hearings, the manner of reporting court cases, availability of court rulings, and protection of the identity of witnesses.