CHAPTER V

CONCLUSIONS AND RECOMMENDATIONS

The main objective of the study is to define trial by media and examine the existing laws

of the Philippines against it. It sought to bring light into the controversial topic of how trial by

media affects the accused, their families and their trial, and to address the issue of whether

restrictions against suspect’s identification in news coverage can help eliminate trial by media.

Conclusions

In summary, trial by media is the coverage of person with regard to crime he was

involved that creates a wide perception of the guilt and innocence of the person. It is a

circumstance where a public opinion toward an accused is mold and boosts out a common stand

on the person’s guilt and innocent. It is an out-of-court judgement based on the information the

press provided and not from the evidences presented in the court of laws. Under the current laws,

trial by media is not encouraged, and in fact, although there is no direct specific provision against

trial by media, several provision, jurisprudence and law principles are available that a person can

used whenever he is subject to trial by media. This includes but not limited to libel, contempt

rules, media laws and ethics as well as the sub-judice rule.

The trial by media has affected the accused in different ways starting from evasion of his

privacy right until the presumption of his guilt and innocence. It had also been a long issue that

the publicity of a person’s crime has an underlying effect in the accused trial, usually not on their

favor. It was said that trial by media tips the scale of justice, as the accused was being judged by

the public already based on the information on the media provided and had suffered his penalty

—even though there has been no court pronouncement of his guilt yet— by suffering public
shaming. It was also revealed that the effects of trial by media extends not only to accused

himself but also to his families, where the public harass them in real life and online by imputing

to them hate because of the fault of some of their family members.

There had also been a long controversial debate internationally, proposing the restriction

of suspect’s identification prior to the charges, in order to avoid the effects of trial by media.

However, there was no complete ban in publishing; the names and any identification of the

accused. This subjects the accused and their families to public hate and biases of the society.

In a nutshell, trial by media tramples the rights of the accused that is provided in our

present constitution and although we have current laws against it, such laws are ineffective in

protecting the accused. The advent of technology and the rapid spread of information had made

trial by media severe than before yet our laws are far lagging behind either in implementation or

adjusting our current laws in order to ensure a balance between the rights of the press and the

rights of the accused.

Recommendations

The researcher, in harmony with the findings of the study, recommends the following:

 To have a complete ban in naming or revealing any suspect’s identification in news

coverage to protect the accused rights. By providing these restrictions, our authorities can

ensure that the accused and their family will protected from the effects of trial by media.

 To penalize the violators, particularly the press and the police who are the main source of

this information in order to discourage any instances of trial by media. This will be very

helpful in creating a more sensitive society towards the every right of the citizens—

including the accused and their families.