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'Court TV - Coming To
An Internet Browser
Near You'
Daniel Stepniak
University of Western Australia
Law School
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
1
SOME ISSUES FLOWING FROM
RECENT DEBATES
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The role of the media in reporting court
proceedings
The extent of openness required by
“open justice‟
Whether the broadcast of court
proceedings is justified or required
If it is, whether it is appropriate for courts
to rely entirely on the media
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
2
THIS PAPER‟S OBJECTIVES ARE TO:
Challenge certain assumptions on which the
cameras in courts debate has been premised
Establish why courts need to move from seeing the
issue in terms of permitting the media to record
and broadcast proceedings to assuming primary
responsibility for the facilitation of public access to
audio visual recordings of court proceedings
Propose that the streaming of proceedings
provides a viable, proven, and beneficial method
for courts to play such a role.
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
3
THE ENHANCEMENT OF OPEN JUSTICE
Why the present level of access is
arguably insufficient
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Low level of public attendance
Reasons for decisions written for lawyers
Restrictions on electronic media coverage
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
4
OPEN JUSTICE – A MEANS TO AN END
„Justice is done in public so that it may be
discussed and criticised in public ….so
that society may judge for itself the quality
of justice administered in its name, and
whether the law requires modification‟
per Lord Scarman
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
5
INFORMED CRITICISM
Open Justice is required for informed criticism,
which in turn is essential to the maintenance of
public confidence
Reminds courts and lawyers that at times „justice
according to law‟ falls short of „substantive
justice‟.
In responding to inappropriate and uninformed
criticism of the judiciary, there is a need to
include measures designed to ensure public and
media access to sufficient information required
for informed debate.
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
6
OPEN JUSTICE AND THE INTERNET
Increasing accessibility to information – eg.
Internet – threatens to undermine „practical
obscurity‟ on which regulation of media
reporting is premised.
This has implications for
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
Regulation of media reporting
Role of courts in facilitating publication of court
proceedings
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
7
EXTENDED COVERAGE v‟s MEDIA INTERESTS
The inescapable reality that the media‟s
interests and motivation in seeking to record
and broadcast court proceedings do not
always coincide with the interests of the
administration of justice and the right to a
fair trial.
Reconciling desirability of extended
coverage with this reality
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
8
WHY COURTROOM TELEVISING HAS
BECOME SYNONYMOUS WITH MEDIA
INTERESTS
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Media‟s championing of such coverage
Reliance on „media rights‟
Absence of evidence substantiating
potential benefits
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
9
THE FAILURE OF COURT TV TO LIVE
UP TO EXPECTATION FLOWS FROM
FLAWED ASSUMPTIONS AS TO THE
MEDIA‟S ROLE.
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
10
DETERMINATIVE FACTORS
1. The recognition of a legally enforceable
right to record and broadcast and/or access
audio-visual footage of court proceedings (a
culture of rights)
2. The availability of technology capable of
ensuring that such coverage is compatible
with judicial proceedings, and
3. Above all, the presence of judicial
attitudes deeming such coverage to be in the
interests of the administration of justice and
not merely a media right.
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
11
DEVELOPMENTS AND CHANGING
ATTITUDES
UK
NZ
Australia
Canada
US
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
12
STREAMING OF COURT PROCEEDINGS BY
US COURTS
Florida
Mississippi
Washington State
Indiana
Michigan
New Hampshire
Minnesota
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
13
“If the courts are going to leave it to
others, the media in particular, to
determine how much and what sort of
information the public gets about their
workings, then the courts are saying that
they are content to leave it to others to
shape the public understanding and
perception of the courts. That to me is not
acceptable.” - Chief Justice John Doyle.
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
14
SPECIFIC REASONS WHY A/V COVERAGE
SHOULD NOT BE LEFT TO THE MEDIA
a) Lack of media interest in providing in depth
coverage of a range of proceedings.
b) Lack of media resources to cover all the cases
about which the public ought to be informed.
c) The unreasonableness of expecting the mass
media to act as a de facto reporting service for
courts.
d) The unreasonableness of expecting the media to
adequately and correctly report on cases which
are often lengthy, highly specialised, complex
and difficult to follow, without court assistance
and information.
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
15
e)
From time to time the media does something
which suggests that they cannot be trusted
“…too many members of the media, if left
unchecked, are prepared to publish
anything, whatever the consequences
may be.”
– Former Chief Justice of the Family Court
of Australia, Alastair Nicholson.
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
16
OPTIONS
A court committed to facilitating public access to
recordings of court proceedings may do so without
relying on the media by:
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Arrangement with a public broadcaster – eg. The
Supreme Court of Canada and the Supreme Court
of Washington State, and/or by
Recording and streaming own proceedings (and
providing footage to media) - eg. The Supreme
Court of Florida
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
17
STREAMING AS A MEANS OF
ADDRESSING CONCERNS WITH
CURRENT REPORTING
A means of redressing current less
than open administration of justice
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
18
An acceptable means of broadcasting proceedings
because it:
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removes the need for courts to rely entirely on
media interest and capacity for specific
proceedings to be broadcast,
ensures that the public may access archived
recordings of proceedings at any time,
eradicates concerns relating to disruptive
recording, selective, sensationalist or misleading
coverage,
enables the public to view entire, unedited
proceedings, and
most importantly enables the court to retain
control of the recordings
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
19
'Court TV - Coming To
An Internet Browser
Near You'
Daniel Stepniak
University of Western Australia
Law School
23rd AIJA Annual Conference on
'Technology, Communication,
Innovation', Museum of New Zealand,
Wellington, 7-9 October 2005
20