Protecting the dignity of litigants in the courthouse of Quebec: a case of co-regulation at the failure of self-discipline of journalists
Marc-François Bernier
University of Ottawa
2007 IAMCR Conference
Paris
In 2005, responding to cases of media harassment some litigants known
very public, the Chief Justice of Quebec has imposed restrictions on media information
working inside the courthouse. Until then, journalists and cameramen
could move about as they pleased, cluster around
litigants or their attorneys, or engage in processions through the corridors to get
images of those who sought to their escape out of the courtroom.
new rules imposed by the Chief Justice has effectively limited to specific areas of the imaging and
conducting interviews. It became impossible for the media to harass defendants,
judicial officers and all citizens within the courthouse.
media representatives must now make their interviews at specific locations rather than to extort
comments and images against the wishes of litigants. The new rules do not apply
outside the courthouse.
Arguing as violating freedom of the press protected by the Canadian Charter and Quebec
rights and freedoms of the individual, Newspaper companies have challenged these rules
civil courts of Quebec, in particular arguing that the media were
able to regulate itself to avoid future flooding.
In this paper, we argue that the new rules that limit mobility
media constitute a form of co-regulation which attacks not the freedom of press
- trials remain public and accessible to reporters and interviews with
litigants can be done in other places - while protecting the citizens who are in vulnerable situations
. Similarly, we support the measures are compatible with
ethical principles and ethical standards that journalists are freely given in
equity. This will include
define, characterize and distinguish the concepts of self-and co
, and remember that self-regulation does not coincide or do not necessarily
real self on the part of journalists. Moreover, using the case of Quebec, we
show that the civil courts, when they base their decisions on good practice developed
and recognized by journalists, can compensate for the limits of self-regulation.
(to read the document, click on title)
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