In this blog post, we look at how press freedom and the protection of an individual’s right to privacy should be reconciled in crime reporting, exploring the ethical responsibilities of journalists and their limits.
Crime is a staple of media coverage today. This is because crime is easy for journalists to cover, convenient to write about, and, most importantly, because crime coverage can attract viewers. This trend is driven by the commercial objectives of the media, which is to secure high ratings with attention-grabbing stories. Moreover, because crime is a topic that continues to attract public attention, the media often sensationalizes it. Such coverage tends to be socially acceptable because it fulfills a public function of satisfying the public’s right to know about crime. The public interest role of the media is emphasized, and crime coverage is positioned as a means of raising society’s awareness.
However, excessive broadcast coverage of crime can lead to a number of problems. Not the least of which is the violation of the right of publicity of criminals and criminal suspects, which can raise legal and ethical issues. In recent years, such violations have become more frequent, leading to criticism of the media’s responsibilities and role. In particular, the violation of the right of publicity is a serious issue that can seriously undermine the human rights of individuals, and it needs to be discussed in society.
In general, the right of publicity is a concept that encompasses personality rights and property rights. The right to personality is the right to prevent others from taking and publishing photographs of one’s face and other socially recognizable physical features. This is an important right that protects a person’s privacy and should not be exempted from media coverage. Property rights include the inability to commercially exploit someone’s likeness. Types of violations of the right of publicity by the media include unauthorized filming without consent, filming outside the scope of consent, and using hidden cameras. These behaviors can be considered disrespectful of an individual’s personality and may be subject to legal sanctions.
A case that led to a court ruling in South Korea is the violation of the right of publicity when a broadcast journalist accompanied the police to cover the arrest of a university professor who was illegally tutoring students on campus. The case set an important standard for what constitutes acceptable media coverage and was instrumental in finding a balance between freedom of the press and individual rights. The court found that “the unauthorized entry into the practice room and coverage of the scene, without obtaining the plaintiff’s consent, violated the plaintiff’s right to privacy and publicity.” It added that freedom of speech, including the freedom to report, is recognized as long as it does not infringe on other legal interests. Even if the plaintiff was under arrest at the time of the interview, a private place such as the plaintiff’s practice room is off-limits without the consent of the investigating authorities. The court ruled that coverage that ignored this was illegal in principle.
This case illustrates the consequences of overstepping the legal boundaries of journalistic behavior. In South Korea, this case illustrates how courts weigh the conflict between freedom of speech and the right to publicity. It also provides legal guidance on the extent to which reporting in private spaces is permissible. These rulings will play an important role in setting the legal standard for similar cases in the future.
Criminal defendants who are exposed to media coverage not only suffer economic, professional, and family disadvantages, but also have their personal lives severely damaged or even destroyed. These serious consequences can occur when the media sensationalizes crime coverage simply to attract viewers’ attention. Therefore, the media, as the public face of society, must be careful to respect individuals’ right to privacy and ensure that crime reporting is consistent with journalistic ethics. The legal and ethical controversies that arise from crime reporting can be devastating to the credibility of the entire journalistic community. This means that while crime can be a fascinating subject for the media, it can also be a boomerang. Furthermore, this damage to trust can lead to more than just temporary criticism; it can lead to calls for structural change in the entire industry. In the end, it is essential for the media to be responsible and set reporting boundaries to maintain public trust.
