Cameras in the court

This post was contributed by Ruth Saunders, who attended the LSE Law and Birkbeck School of Law Judicial Images Project public lecture on Wednesday 13 April

‘From Oscar Pistorius to Reality TV: the implications of using the courtroom as a television studio’ was the title of last Wednesday’s well-attended lecture from the Judicial Images Network Project, a joint project of Birkbeck School of Law and LSE Law which brings together scholars across disciplines and continents to explore issues surrounding the production, regulation and consumption of judicial images.

The lecture featured speakers with extensive experience in the issues that arise from the use of cameras in courtrooms. Justice Dikgang Moseneke, Deputy Chief Justics of Constitutional Court of South Africa, took to the stage first to discuss the experience of, and issues arising from, televising the trial of Oscar Pistorius.

Describing the concept of open justice as a key and now well-established principle in post apartheid South Africa, Justice Moseneke discussed how the trial of Oscar Pistorius created new ways in which people could access and assess justice.

Dr Jur Ruth Herz

Dr Jur Ruth Herz

Emphasising that ‘democracy dies behind closed doors’, Justice Moseneke also acknowledged that televising the courtroom could foster a dynamic of intimidation for defendants and witnesses – but it would, he said, be more reliable than a journalist’s perception of events.

But ultimately, he finished, ‘we, the media and courts, share a common goal. We want the public to know and to assess what we do’.

Next, Visiting Professor at Birkbeck School of Law Ruth Herz, formally a Judge in Cologne and the star of popular German courtroom based reality TV show Das Jugendgericht (Youth Court), reflected on her four year experience in television.

Giving a frank recollection of her experiences, Ruth described her motivations for participating in the TV show to tackle the veil of secrecy that surrounds the court system in Germany. What she found, however, was that the presence of the camera with the focus on lighting, position and angle, did not create transparency.

Media, she says, speaks a different language, and is motivated first and foremost by money which informed casting choices and the types of cases heard.

These factors all worked against her attempts to use the reality TV court show as a useful educational tool to show viewers how justice in the courtroom works. She echoed the concerns raised by Justice Moseneke that Courts have a primary responsibility to pursue justice.

Lord Dyson, Master of the Rolls and Head of Civil Justice in England and Wales, closed the discussion commenting on his own experience of cameras in the courtroom. In the Supreme Court, Lord Dyson said, he was unaware and unaffected by the discreet cameras.

Professor Leslie Moran

Professor Leslie Moran

The Crown court pilot to introduce cameras in the court is proceeding carefully, he said, to minimise risks to the fairness of the trial and, he also described, a ‘duty of care to protect the vulnerable’.

Birkbeck’s Professor Leslie Moran brought together questions from the audience which resulted in a lively discussion.

brought together questions from the audience which resulted in a lively discussion.

In closing the event he encouraged all to become avid viewers not only of the UK Supreme Court summary judgment videos but also the UK’s first reality TV court show, ‘Judge Rinder’.

He explained, ‘the future of cameras in courts is already taking shape on our TV screen. We need to take it seriously and debate it further if it is to best serve the needs of open justice.’

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