Opinion Calling on the Media to Respect the Dignity and Privacy of Crime Victims and Give Sufficient Consideration to Their Situations and Wishes
December 14, 2023
Japan Federation of Bar Associations
The Japan Federation of Bar Associations (the “JFBA”) compiled its “Opinion Calling on the Media to Respect the Dignity and Privacy of Crime Victims and Give Sufficient Consideration to Their Situations and Wishes” dated December 14 , 2023, and submitted it on December 15, 2023 to the President of Nihon Shinbun Kyokai; the President of Nippon Hoso Kyokai; the President of the Japan Commercial Broadcasters Association; the Director General of the Broadcasting Ethics & Program Improvement Organization; the President of the Japan Magazine Publishers Association; and the President of the Japan P.E.N. Club.
Summary of Proposal
From the perspective of coordinating freedom of the media and the rights of crime victims, their families, as well as bereaved families (hereafter referred to as “crime victims, etc.”), the media should respect the dignity and privacy of crime victims, etc. and give sufficient consideration to the situations and wishes of such people in their approach to matters such as the following, in consideration of the public nature of and public interest towards matters addressed in news reports, as well as the impact of news reporting and coverage on crime victims, etc.
1. Whether it is appropriate to contact such people for news coverage, the timing of making such contact, as well as how to conduct news coverage with such people, in consideration of the impact of such coverage on their private lives and peace when covering crime victims, etc.,
2. Matters concerning the privacy of crime victims, etc., such as their real names, pictures, and private lives, when reporting news regarding cases involving such crime victims, etc.
Summary of Reasons for Proposal
1. Introduction
Crime victims, etc. may suffer not only from damage to their life, body and property directly caused by the crime itself, but also various forms of secondary damage as a result of direct damage, such as people’s inconsiderate speech or behavior toward them, as well as economic hardship. Damage caused by the media1 has been viewed as an issue causing secondary damage to crime victims, etc.
To this day, whenever a case (including an accident) draws a lot of public attention, the media tends to react to the case with intense coverage through a media scrum hounding the parties involved, causing a situation that threatens the peace in such people’s private lives. Furthermore, in some cases, the media outlets report on information concerning the privacy of crime victims, etc., such as identifying information about them, including their real name, as well as photos showing their face, and information about them that would not otherwise become known to the public if they had not become involved in a crime. The damage that the media is causing to crime victims, etc. is worsening and becoming even more serious as the use of the internet has become more widespread.
As such, it is impossible to say that the dignity and privacy of crime victims, etc. is sufficiently protected under the current situation involving the media’s treatment of crime victims, etc. in their news coverage and reports.
2. Conclusions
As the circumstances surrounding crime reporting are changing, from the perspective of coordinating freedom of the media and the rights of crime victims, etc., the media should respect the dignity and privacy of crime victims, etc. and give sufficient consideration to the situations and wishes of such people in their approach to matters such as the following, in consideration of the public nature of and public interest towards matters addressed in news reports and the impact of news reporting and coverage on crime victims, etc., in order to fulfill the media’s role in crime reporting.
1. When covering crime victims etc., consideration must be given to whether it is appropriate to contact such people for news coverage, the timing of making such contact, as well as how to conduct news coverage with such people, in consideration of the impact that such coverage will have on their private lives and peace.
2. When reporting news regarding cases involving crime victims, etc., consideration must be given to matters concerning their privacy, such as their real names, pictures, and private lives.
1 The JFBA’s resolution dated October 15, 1999 entitled “Resolution Concerning the State of News Reporting and the Prevention of Damage Caused by the Media, as well as Remedies for Such Damage” defines damage caused by the media as damage to a member of the public caused by the media’s behavior, such as over-zealous news coverage and reporting, as well as spreading misinformation concerning a person and thereby violating such person’s human rights, such as their right to reputation and privacy.
