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ARTICLE · 13 MAY 2023

Market Intelligence Thought Leadership Award Winner

Open justice is not absolute – Media reporting of criminal cases: Anonymity, pseudonyms and suppression orders

On rare occasions, a court needs to make a suppression order that prohibits or restricts publication about a case.

AustraliaCriminal Law

For many people charged with a criminal offence, one of their biggest concerns is media attention. Criminal cases are widely reported on many media platforms, including social media sites where anyone can add comments and weigh in with their opinions.

Some people may think that once a person is found guilty of a crime, they lose any right to privacy. That can be debated. However, we regularly see media reports claiming that someone has been interviewed by police, or that charges have been laid. No one has been proven guilty. In fact, any charges could be withdrawn at court or successfully defended. This publicity about allegations can have far-reaching consequences, sometimes resulting in someone losing their employment and being unable to work for the months or years that it takes for their case to be determined. This media attention can also result in an accused's family members being identified and sometimes targeted.

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