МЕДИЈИ И ПРЕТПОСТАВКА НЕВИНОСТИ
PRESUMPTION OF INNOCENCE AND MEDIA

Summary/Abstract: Principle of which defendant in criminal proceeding is presumed innocent until effective court decision is reached is undisputedly one of the greatest legal achievements. However, despite the fact that both national legislations and international treaties provide and verify the presumption of innocence, media reality sends a different message. In age when sensationalistic reporting, for media representatives, represents means of market survival, question of drawing the boundary between right of free reporting on criminal proceedings and gross breach of the presumption of innocence is justly raised. We cannot reach this boundary by mere quoting and comparison of legal norms, as is often done today. Understanding of this boundary requires prior consideration and understanding of social reality that surrounds us. Law, professional and personal ethics are intertwined in this issue. Development of communication means, especially fast expansion of use of internet as sharing information tool, beside positive effects such as easy attainability of information brought on a complete new set of practical issues met firstly by those protected by the presumption of innocence, but also met by journalists and representatives of police and judiciary. Until which stage of the procedure is not advisable to disclose the identity of the defendant? When are we allowed to conceal source of information? Who is responsible in case of transmission of others opinions and statements and statements of government bodies that violate the presumption of innocence? What are the consequences of violating the presumption of innocence and what means are available to the person which presumption of innocence is violated? These are just some of the questions that author seeks to answer, which shape the implementation of the aforementioned and by legal acts guaranteed, right in practice.

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