Chamber
Meeting of the Parliament 23 October 2012
23 Oct 2012 · S4 · Meeting of the Parliament
Item of business
Role of the Media in Criminal Trials
I draw attention to the register of members’ interests and the information that I am a columnist with the Daily Record.
I welcome the opportunity to participate in this debate, because although the decision on televising court proceedings is quite rightly one for the Lord President, Scotland’s most senior judge, it is proper that parliamentarians have the opportunity to contribute their views and experience in that regard. My experience comes from a background in the print media, though I confess that my shorthand was never quite fast enough for me to follow a career as a court reporter. That said, the age of the court reporter passed many decades ago, and that, combined with the decline of the print media generally, is the reason why we are having a debate about trial coverage today.
We have heard a lot about modernisation and responding to advances in technology, but equally there is a debate to be had about the decline of traditional media and the effect that that has had on the reporting of court proceedings. How do we fill the gap to keep the public well informed and ensure that justice is seen to be done? Even those newspapers that cover trials today simply do not have the space, or indeed the manpower, accurately to reflect lengthy court proceedings in the level of detail that was common 50 years ago. One will read edited highlights of the day’s action—and “action” is how it is presented. The reporter will have to make a judgment on what he or she considers most newsworthy and construct a narrative around that. As a consequence, the reader may remain ignorant of witness testimony and other evidence that turns out to be critical to the outcome of the case.
The dwindling number of local newspapers is also a factor in the debate. High Court trials of national interest will continue to be given space in our national newspapers, but the decline in the local press over the past 50 years means that cases that might be of great interest to a particular community go unreported. Combined with the closure of smaller courts—albeit for perfectly legitimate reasons—that means that the dispensation of justice could be increasingly remote unless we modernise.
It seems to me that this decline must be addressed by using electronic technology to deliver the kind of forensic reporting that we once saw in newspapers. That is not to say that every fad can meet this need. In my view, Twitter is an entirely unsuitable vehicle with which to report court proceedings. As has already been said, the pitfalls of trying to express a subtle, nuanced case in 138 characters are well known. Twitter should be used only to direct viewers to a verbatim report of proceedings.
However, I believe that it is worth exploring whether there might be a role for accredited bloggers in court, if they are trained in Scots law to the same level as traditional newspaper reporters and subject to the same expectations and restrictions. As others have said already, we have already seen such bloggers in action in high-profile trials, particularly in the work of James Doleman in the Sheridan perjury trial last year. If such accreditation were possible, that might also address the difficulties that have been highlighted, such as members of the public blogging from a trial and presenting it in a highly partisan manner.
Obviously, allowing television in court is another suggestion for filling the gap caused by the decline in verbatim reporting. I am not against television cameras in court per se, but I take the point made by Donald Findlay QC and others about witness intimidation. However, the same arguments could have been made 50 years ago to prevent newspapers from covering trials and printing witness names and addresses.
I welcome the opportunity to participate in this debate, because although the decision on televising court proceedings is quite rightly one for the Lord President, Scotland’s most senior judge, it is proper that parliamentarians have the opportunity to contribute their views and experience in that regard. My experience comes from a background in the print media, though I confess that my shorthand was never quite fast enough for me to follow a career as a court reporter. That said, the age of the court reporter passed many decades ago, and that, combined with the decline of the print media generally, is the reason why we are having a debate about trial coverage today.
We have heard a lot about modernisation and responding to advances in technology, but equally there is a debate to be had about the decline of traditional media and the effect that that has had on the reporting of court proceedings. How do we fill the gap to keep the public well informed and ensure that justice is seen to be done? Even those newspapers that cover trials today simply do not have the space, or indeed the manpower, accurately to reflect lengthy court proceedings in the level of detail that was common 50 years ago. One will read edited highlights of the day’s action—and “action” is how it is presented. The reporter will have to make a judgment on what he or she considers most newsworthy and construct a narrative around that. As a consequence, the reader may remain ignorant of witness testimony and other evidence that turns out to be critical to the outcome of the case.
The dwindling number of local newspapers is also a factor in the debate. High Court trials of national interest will continue to be given space in our national newspapers, but the decline in the local press over the past 50 years means that cases that might be of great interest to a particular community go unreported. Combined with the closure of smaller courts—albeit for perfectly legitimate reasons—that means that the dispensation of justice could be increasingly remote unless we modernise.
It seems to me that this decline must be addressed by using electronic technology to deliver the kind of forensic reporting that we once saw in newspapers. That is not to say that every fad can meet this need. In my view, Twitter is an entirely unsuitable vehicle with which to report court proceedings. As has already been said, the pitfalls of trying to express a subtle, nuanced case in 138 characters are well known. Twitter should be used only to direct viewers to a verbatim report of proceedings.
However, I believe that it is worth exploring whether there might be a role for accredited bloggers in court, if they are trained in Scots law to the same level as traditional newspaper reporters and subject to the same expectations and restrictions. As others have said already, we have already seen such bloggers in action in high-profile trials, particularly in the work of James Doleman in the Sheridan perjury trial last year. If such accreditation were possible, that might also address the difficulties that have been highlighted, such as members of the public blogging from a trial and presenting it in a highly partisan manner.
Obviously, allowing television in court is another suggestion for filling the gap caused by the decline in verbatim reporting. I am not against television cameras in court per se, but I take the point made by Donald Findlay QC and others about witness intimidation. However, the same arguments could have been made 50 years ago to prevent newspapers from covering trials and printing witness names and addresses.
In the same item of business
The Deputy Presiding Officer (Elaine Smith)
Lab
The next item of business is a debate on motion S4M-04505, in the name of Christine Grahame, on the role of the media in criminal trials. I call Christine Gr...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP)
SNP
I certainly hope that I do not use 13 minutes, Presiding Officer.I am pleased to open this debate on the role of the media in criminal trials on behalf of th...
The Minister for Community Safety and Legal Affairs (Roseanna Cunningham)
SNP
The Justice Committee has chosen an important and topical issue for debate. I look forward to hearing the views of all members, and I have no doubt that thos...
Lewis Macdonald (North East Scotland) (Lab)
Lab
Members will know that it is not only in this place that the relationship of the media with the criminal justice system is under scrutiny. Lord Justice Leves...
Margo MacDonald (Lothian) (Ind)
Ind
Does the member think that there might be a balancing act performed by television in court, given the uncensored information that can come out of court throu...
Lewis Macdonald
Lab
I will come on to the new media, but I completely accept Margo MacDonald’s point that the two issues are related and that any inquiry that the Justice Commit...
The Deputy Presiding Officer
Lab
Mr Macdonald, please start to conclude.
Lewis Macdonald
Lab
I conclude by referring to the new media issue that was raised by Margo MacDonald. As has been said, those who tweet, text or blog can reveal unreported info...
Willie Rennie (Mid Scotland and Fife) (LD)
LD
On a point of order, Presiding Officer. There is an important matter that needs to be addressed. I apologise for interrupting the debate. Earlier today, the ...
The Deputy Presiding Officer
Lab
Mr Rennie, as you will know, the Presiding Officers are not responsible for the veracity of the statements of members of Parliament. However, you have raised...
John Lamont (Ettrick, Roxburgh and Berwickshire) (Con)
Con
We welcome today’s opportunity to consider the role of the media in the criminal justice system. Scotland’s criminal justice system does not exist in a vacuu...
Margo MacDonald
Ind
Does the member agree that there is a potential hazard in the case of someone accused of behaving inappropriately towards children who is filmed in court, bu...
John Lamont
Con
I acknowledge that concerns exist, but many such arguments are not against the use of cameras in court proceedings per se, although they might be arguments a...
The Deputy Presiding Officer
Lab
As a result of interruption, the debate is very tight for time. Although members have six minutes for speeches, shorter speeches would be appreciated and mig...
Sandra White (Glasgow Kelvin) (SNP)
SNP
I will try to be as speedy as I can be, to allow everyone to speak.At the Justice Committee meeting, one witness—Iain McKie—made the good point that“we canno...
Graeme Pearson (South Scotland) (Lab)
Lab
The digital era offers a severe challenge to the courts with regard to how they administer justice in the modern environment. There is no doubt in my mind th...
Margo MacDonald
Ind
I apologise for my question looping back a bit, but I wanted to get in before the member progresses his argument much further. Is there the possibility of ha...
Graeme Pearson
Lab
I am sure that such an intervention, once televised, would create a great deal of conflict and difficulty for courts in deciding such a challenge.I encourage...
Roderick Campbell (North East Fife) (SNP)
SNP
I refer to my register of interests as a member of the Faculty of Advocates.The televising of court proceedings has not been reviewed since the then Lord Pre...
Neil Findlay (Lothian) (Lab)
Lab
On the issue that the member just raised about policing the internet, was that not debated during the passage of the Offensive Behaviour at Football and Thre...
Roderick Campbell
SNP
There was certainly a reference to it, but I do not think that it was a substantial part of the debate on the bill. However, that debate is now history and w...
Joan McAlpine (South Scotland) (SNP)
SNP
I draw attention to the register of members’ interests and the information that I am a columnist with the Daily Record.I welcome the opportunity to participa...
Margo MacDonald
Ind
That is an intriguing point. Obviously, the member was not in favour of witnesses blogging afterwards and giving a highly partisan account, but does not ever...
Joan McAlpine
SNP
Yes, absolutely—after the trial. I guess that I was talking about people blogging from the court and giving partial reports of what was happening in court th...
The Deputy Presiding Officer (John Scott)
Con
I would be grateful if you would close, please.
Joan McAlpine
SNP
Thank you.The Scottish Court Service already has stenographers who compile verbatim transcripts of trials, but it is difficult for members of the public to g...
Mary Fee (West Scotland) (Lab)
Lab
When the Contempt of Court Act 1981 came into force, people received news through the print and broadcast media. At that time, the print and broadcast media ...
Colin Keir (Edinburgh Western) (SNP)
SNP
This is an incredibly interesting subject and there have been some excellent speeches from members.Over the years, we have trusted the integrity of journalis...
Bob Doris (Glasgow) (SNP)
SNP
I will say a little about the role of the accused in the process. I do not think that members have said much about that in discussing television exposure.The...
Alison McInnes (North East Scotland) (LD)
LD
It is clear from this afternoon’s debate that the issue of how the media interact with criminal trials is extremely complex. Any liberal society must walk a ...