Lessons for commentators and journalists
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Oftentimes, some media practitioners and freedom lovers have argued against administrative and political actions that tend to undermine public interest journalism.
They forget that there is nothing like absolute press freedom and that media freedom flourishes in an environment of responsibility and self-regulation.
Freedom of the press, according to media lawyer Gavin Miller, is what is left after the law had its say. So the media and the law have never been the best of friends.
The eminent British jurist also described the court reporter as the “watchdog of justice” if he is to do his work properly.
Full court reporting ensures public scrutiny of the administration of justice. This puts pressure on judges to decide cases fairly and on witnesses to tell the truth. Miscarriages of justice are less likely.
The decision to provide live coverage of the election hearing was intended to give opportunity to all to be part of the landmark case.
For lawyers of the parties in the dispute to plead on behalf of Sammy Awuku at the Supreme Court last Wednesday, adds to the novelty of the case.
Nonetheless various shades of commentators have taken liberties at the open and tolerant nature of the judges, quite unusual of the sternness exhibited at the bench, to go beyond bounds.
The President of the nine-member panel of the Supreme Court, Mr Justice William Atuguba, summed up the near anarchy in the society when he said, “it is quite apparent that the pompous show of private power in the pursuit of the right to engage in political organisation and activity, by which the passions of the humble members of society are stirred up on deliberately false political propaganda, is a recipe for chaos and conflict in the country”.
The sunlight of press coverage can be a powerful disinfectant or it can open up other lines of inquiry and ensure probity and accountability.
In the haste of the media to be the first to publish, some journalists tend to be reckless as we are unable to do the necessary checks.
To such journalists, the Daily Graphic leaves them with the caution of the venerable Lord Denning on press freedom.
“The press is not restrained in advance from publishing whatever it thinks right to publish. It can publish whatever it chooses to publish.
“But it does so at its own risk. It can publish and be damned. Afterwards, after publication, if the press has done anything unlawful, they can be dealt with by the courts.
“If they should offend by interfering in the course of justice, they can be punished in proceedings for contempt of court. If they should damage the reputation of innocent people, by telling untruths or making unfair comments, they can be made liable in damages.
“But always afterwards. Never beforehand. Never by previous restraint.”
Daily Graphic/Ghana