Published: 2025-03-28

Media reporting of criminal proceedings: selected issues

Malwina Treder
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2025.25.1.07

Abstract

 

The aim of this paper is to analyse the regulations related to the standards of reporting in the media of criminal proceedings and to answer the question of whether the legal framework in force in Poland respects the basic principles of the criminal process, such as presumption of innocence and the public nature of the proceedings, the need for the media to inform the public about cases of interest, and protection of the rights of all the parties to the proceedings. Year by year the media is providing more and more information on proceedings that attract public interest, which makes this paper an important study from the practical point of view. This paper considers the provisions of Ustawa z 6 czerwca 1997 r. – Kodeks postępowania karnego (the Criminal Code of Conduct Act of 6 June 1997) and of Ustawa z 26 stycznia 1984 r. – Prawo prasowe (the Press Law Act of 26 January 1984). First, it discusses the principle of presumption of innocence and the principle of open proceedings, with reference to the provisions of the Code of Criminal Procedure as well as to the Constitution of the Republic of Poland and acts of international law. Next, it gives a detailed discussion of Article 357 of the Code of Criminal Procedure, which prescribes the rules for the attendance of media representatives in proceedings, taking into account the amendment of 5 August 2016. This amendment has made it easier for journalists to report on individual proceedings, especially ones that generate a considerable amount of social interest. It has also had a beneficial effect on the implementation of the principle of open proceedings. The next part of the paper discusses Article 13 of the Press Law, which prohibits the publication of opinions on the outcome of the proceedings before the court of first instance issues its verdict, and the public dissemination of photographs and other visual representations and personal data of defendants, witnesses and victims. The paper closes with my conclusions regarding these provisions.

Keywords:

Polish criminal procedure, Polish press law, the media, journalists, the ethics of journalism

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Citation rules

Treder, M. (2025). Media reporting of criminal proceedings: selected issues. Zeszyty Prawnicze, 25(1), 135–160. https://doi.org/10.21697/zp.2025.25.1.07

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