Victims or suspects: Who does the law protect?

By Dolapo Ekanade - updated: Monday 02-02-2009

THE increasing spate of crimes in the country has been attributed to a number of factors. It has been
linked to poverty, ignorance of the law, a diminishing economy and an oppressive government. However, the existence of any human society is synonymous with both virtues and vices.

During daily interactions among human beings, crimes get committed. Once it is committed, the prosecution process commences immediately. But this is often hindered in the society by a less than effective criminal justice system. When a crime is committed, two or more people are involved. One is the victim to which the act was committed, the other is the suspect, who allegedly committed the act.

Other factors such as the intention to commit the crime, the state of mind of the accused person, among others, would also be considered during prosecution. Crime is basically an offence against humanity or the state. Therefore, the commission of hideous crimes such as homicide, stealing, rape and domestic violence remain one that elicits varied emotions in people.

For the media, crime stories are a major selling point. Indeed, it attract readers, who are curious to know the person involved in the crime and probably catch a glimpse of the pictures of the crime scene. Many tabloids make huge profits by publishing gory details of high-profile crimes. However, this class of reporting, where law interwines with journalism, remains that which attracts libel suits being instituted against the media.

This is because most publishers, while trying to sensationalise their stories, often become the judge and jury. Stories are written and in the event that the writer gets carried away by his own emotions, biases and leanings, it reflects in the body of the story, leaving little to the imagination of the public, the side which the writer leans.

The stories, sometimes, are judgmental in nature and may elicit the instant responses of the readers. However, a thin line exists between comprehensive reportage and publishing libel or outright falsehood.

Stories and photographs have sparked off the filing of libel suits where outrageous fees are asked as compensations to reward the pain and humiliation suffered by the injured victims.

In the United States and Europe as well as some Asian countries, the fear of libel and respect for human dignity is the beginning of wisdom for many media houses. These societies seek to protect the right of each of its citizens. Where rumours are spread about people, such stories are not published or aired until fully investigated, sometimes with the victims’ consent sought and obtained.

Yet, inspite of the caution exhibited, reputable magazines, tabloids and electronic media still fall victim to libel and slander suits and pay millions as compensation. Between the line that exists between journalism and this area of law, the question arises as to whom law should protect. It remains a subject of hot debate, whether or not during publications of crime stories and pictures, the face of victims or suspects should be shielded from public knowledge to guard against libel.

Tribunelaw sought the opinion of lawyers as to what publications including pictures could in fact attract a libel suit. A legal practitioner, Mr. Adebayo Ojo, said that according to the law, the protection of both the suspect and victim is favoured. This, according to him, is because, they are still presumed innocent until proven guilty by the prosecution and declared as such by the court. He said “the law seeks that they (suspects) be protected so that in the event that they are declared innocent, they would be protected from stigmatisation of the society. Rape victims should especially be protected, whether the victim is a minor or an adult.”

On whether a dead person who was raped should be exposed, he said that there can be no injury against the dead. “Once the victim is dead, the face of such a person could be exposed.”

Another Abuja-based lawyer, Miss Olaide Babatunde, adopted the above position. She explained that “A libel suit can never be instituted by dead person, only by the living. So, publishing the photographs of a dead person cannot commence a libel suit. However, victims and suspects of crimes such as armed robbery, rape, murder and domestic violence should be protected from possible embarrassment or stigma if the court eventually pronounces them innocent.”

Another Ilorin-based lawyer, specialising in press law, Mr. Bolaji Agoro, said each situation were peculiar. He said persons accused of crimes were most of the time not covered, especially for crimes like embezzlement, money laundering, stealing, among others. He gave examples of governors standing trial for crimes whose photographs are taken before entering the court or while alighting from a Black Maria.

He, however, entered a caveat that“any picture taken of an accused while standing in a dock facing trial may be potentially libelous. This is because he has not been pronounced guilty. However, pictures of accused person may be taken before entering into the court. Their faces may or may not be covered.”

He added that pictures of accused paraded by the police could freely be taken without covering their faces. This, he explained, is a special circumstance which the law protects.

He, however, admonished writers in protecting victims of rape or domestic abuse, whether young or old. For dead persons, he maintained that “their faces could be exposed. There is no injury against the dead whether an adult or minor. But the suspect must always be protected fully against stigmatisation and mob or jungle justice that may be unleashed by an angry public, if they know the identity of the suspect.”