What is privacy and what is dignity?

(Source: NUNS) An individual’s right to privacy, dignity, honor and reputation should limit freedom of the press. However, in order to attract an audience, the media often publishes details of the private life of the victim and/or the perpetrators of the crime, details of the manner in which the crime was committed, and asks neighbors for their opinion. In this way, they continue to dig into the wounds of victims and their loved ones under the slogan “that the people want to read/watch”, although it is by no means of interest to the public.

According to the Code of Journalists of Serbia, a journalist is obliged to respect the privacy, dignity and integrity of the people he writes about, especially when it comes to vulnerable groups, especially children. Nevertheless, public figures, officials and appointed persons must be aware in advance that their right to privacy is somewhat limited, and they must suffer criticism regarding their work. Whereas data from the private life of public figures are published only if it is in the interest of the public.

All these rules apply when reporting on proceedings initiated before the competent authorities, i.e. on the investigation, indictment or reporting from the trial.

And the Code of Journalists of Serbia additionally specifies: “Even if the competent state authorities publish data that fall within the domain of privacy of the perpetrator or victim, the media must not transmit this information. The mistake of state authorities does not imply “permission” to violate the ethical principles of the profession.

Conveying detailed testimony about rape is not in the public interest

The trial of former acting teacher Miroslav Aleksic for raping and abusing several of his former students has generated great interest from the media and the public. However, although the trial is open to the public, the transmission of detailed testimonies of participants in the proceedings is not in line with professional standards.

Press Council Secretary General Gordana Novakovic says the transfer of Milena Radulovic’s testimony from the Aleksic trial is problematic and without sufficient professional attention.

“It is true that the trial is open to the public and that the witness is aware of it, so the media may not violate her right to privacy by transmitting all the details of that testimony, but they jump at risk the right to dignity of the victim. She is faced with endless questioning by the defendant’s lawyer and must repeatedly restate the smallest details of her traumatic experience and the media should really take care that the trial can be reported without these harrowing details. Because it is not only retraumatizing for her, but probably for other women who have such experiences, but also potentially discouraging for those who are afraid to report sexual violence,” explains Gordana Novaković.

She added that the media is writing about details that have nothing to do with the trial.

“The media is dealing with who of the colleagues came to court, how Milena’s boyfriend behaved, who he was, how who was dressed and similar things, which divert attention from the essence to things that are of no importance,” said the Secretary General of the Press Council.

Media/vultures

When n.m. was murdered last year in Belgrade, the media somehow came up with details from the investigation. For days, sensationalism was written about how the girl was killed and how the killer desecrated her body. In addition, the motives of the crime were speculated, the funeral was reported, details from the victim’s private life were presented that were of no public importance, the mother was interviewed, as well as extended family members, neighbors, roommates… A few months later, when the indictment was filed, the media again relayed the details of the indictment.

“This kind of writing violated numerous points of the Code related to respecting the privacy and dignity of the victim, presenting speculations and unverified information when reporting on tragedies, abuse of emotions of people who are in a state of shock and cannot think rationally, as well as provisions that prohibit the use of disturbing substances and the inflicting fear among people,” explains Gordana Novaković.

Also, as he says, the identity of the suspect was immediately revealed and his right to the presumption of innocence was violated in the media all the time.

She notes that it is highly emphasized in the media that he is transgender, although there has been no evidence that the murder is related to the gender identity of the victim.

“Often, these texts were accompanied by horrific comments from readers, which discriminate against and insult transgender people. While the girl was still being sought, some media published photos of her before the transition, for which there is no reason, because she no longer looks like that. Also, there is no public interest in insisting, through the statements of neighbors or acquaintances, whether they perceived her as a man or as a woman,” she concludes.

Political officials, elected and appointed holders of public office must suffer criticism about their work

Politicians are public figures with the lowest expectations in terms of privacy. The exercise of public office or the pursuit of political office necessarily exposes the individual to the attention of the public, including private life.

The Law on Public Information and Media states that “the elected, appointed or appointed holder of public and political office is obliged to suffer the presentation of critical opinions relating to the results of his work, i.e. the policy he is implementing, and is related to the performance of his function regardless of whether he feels personally hurt by expressing those opinions”.

The public has the right to know about abuses of public office, inappropriate use of state money, protection of public health, safety and the environment, protection of national security, crime and similar topics.

Author: Ivana Kragulj