Die toepassing van die sub judice-reël in die Afrikaanse dagblad Beeld
Abstract
The sub judice rule is a media law practice that is currently often in the
spotlight. Editors and journalists are constantly furiously speaking out against
this rule that limits their freedom of expression in an attempt to assure the
accused's fair and proper trial. Practitioners of the law, on the other side, say
the sub judice rule is indispensable to the proper administration of justice.
The rule, which much prevents the media from interfering with a
pending case, causes confusion under journalists, as it is not consistently
applied. Judges often warn the media against the violation of the rule during a
high profile case, but those who do break the rule are not charged with
contempt of the court.
The aim of this study is to determine how Beeld, the Afrikaans daily
newspaper, applies the sub judice rule in his reporting. The way in which this
leading paper handles the rule is of importance to other journalists as well as
the readers. The origin, development and function of the rule are also
examined.
It was established that Beeld did not contravene the sub judice rule as
unceremoniously as a few other newspapers. Beelds violations of the rule
were different experts' nuanced interpretations thereof. These violations is
more based on the perception that the court's independence and worthiness
must be upheld in the public eye than on the rule's actual function to guard
against the interfering in the due course of a case.
Collections
- Humanities [2681]