If you are a victim of crime, or a close family member, you may find yourself at the centre of media attention. Media reports often take people by surprise. This information is to help you

• prepare for any coverage
• to explain how the media often reports on crime
• and to explore the pros and cons of talking to the media.

If you know that you don't want certain details reported on the media, or if you want to stay out of the media as much as possible, it's best to plan for this. Talk to your support officer, to the witness assistance service (WAS), the prosecutor or police before the matter gets to court.

Tips: things to know

• If there are criminal proceedings underway talk to police or the prosecutor before you speak to the media.
• The media can report on a crime, the investigation and criminal proceedings at any time, including after the court case is over.
• Media reporting varies from case to case and can move quickly from intense reporting to no reporting.
• You do not have to talk to the media. You do not have to explain why you don’t want to speak to them.
• The media can access court documents and report on them. This includes facts sheet and transcripts of what is said in court.
• Victim impact statements (VIS) are part of the public record at the courts. The media can usually report on these too.
• Victims of sexual assault and children cannot be identified by the media. In some cases, the prosecutor may ask the court to suppress the names of other witnesses. However, the media can still report on other details of the case (see Children).
• Media may approach you requesting an interview for a story for online, for a newspaper, for TV or radio. Sometimes they offer to pay for the story. Carefully consider these offers and the pros and cons (see Paid interviews).
• It is important to remember that any information you give to the media becomes public information. Once that information is in the hands of the media, you have little control over what is reported and presented to the public.
• If you are dealing with the media, try to remain calm and have a support person with you. The media are interested in people’s emotion and will report on tears, sadness or anger.

Being approached by the media

Journalists may approach you outside court, call you on the phone, come to your house or work.

The media might be at court each day during the trial and may get to know you well. This can be confusing, but it’s good to remember the journalist is not a friend or support person.

Journalists can keep a record of any conversations you have with them. If you have an informal chat with a journalist outside the court, they may say it is ‘off the record’. But any comment you make to the media at any point can be used later down the track.

Journalists may approach you at the crime scene. Be careful about speaking with the media at crime scenes.

Media can approach anyone of any age. Young people should be supported in any contact with the media. They may also need advice about their rights and the risks associated with speaking to the media.

What is public interest?

A journalist may tell you that they want to report on your story because it is in the public interest – that means it is an important matter, and the community will want to know about it. Reporting on crime, on victims of crime, and on the way crimes are handled by police and in the courts are all considered to be in the public interest.

What can journalists report?

Journalists can report more about a crime before a person is charged. Once a person has been charged with a crime, reporting about it might be prejudicial – that is, it could influence a jury or affect the accused person’s right to a fair trial. (Talk to police, the prosecutor, or WAS before speaking to the media, to ensure that any information you provide the media will not jeopardise an investigation or hearing.)

Journalists can access and report on court documents including victim impact statements (VIS). Talk to your support officer if there are things in the VIS which you don’t want to appear in news reports.

A journalist cannot identify victims of sexual assault or child victims and witnesses (see Children). They cannot report their name, address or the suburb where they live, any details of their employment or school (add ACT leg reference here).

Sexual assault victims should not be photographed without their permission. However, a victim of sexual assault who is over 14 years may decide that a journalist can use their name and/or image.

The judge may order that other details from a case cannot be reported (non-publication orders).

Being filmed in public places

Reporters can film people in public places. You may be filmed near the court or attending the police station.

You may be filmed/photographed at the crime scene if it is on a road or in a public place.

Media can also film/photograph your home and your movements to and from home, if they are filming from the road and not on your property.

If you think you will be filmed at court, it is good to have support people with you.

Some victims and witnesses can ask to use the non-public entrance to the ACT courts building, meaning journalists will be less likely to film you. CHECK

Children

Journalists cannot report any details about children involved in crimes (including witnesses, victims or accused).

If a child is deceased, their parent/ guardian can give permission for the media to name and show an image of the child. It is a good idea to discuss this with your family. Think carefully and how it might affect the siblings of the dead child or others close to them.

Court processes take a long time. If you made the details and images of a deceased child available to the media when they died, by the time the matter is in the courts you might feel differently. If this happens, you can contact the media and tell them that you are withdrawing your permission to use the child’s name or image.

Do I have to talk to the media?

No. It is your choice. You do not have to explain to any journalist why you don’t want to speak to them.

If you are a victim or a close family member of a victim, you may be under a lot of stress. You can nominate someone else to either speak to the media for you, or tell the media you don’t want to do any interviews or make any comment.

Pluses and minuses of talking to the media

Some people want to tell their story to the media. For others, media attention is an added and unwanted stress.

Here are some of the pluses and minuses of your matter being in the media.

How much control do I have over what is reported or in an interview?

At a crime scene the media will try to speak with victims and witnesses. But it’s not a good idea to speak to the media while you are upset or distressed. Ask for help from the police if the media are bothering you at the crime scene.

If you are approached for an interview later, find out what questions the journalist wants to ask. Ask them to give you the questions before you make any comment.

Often the media seek emotion in their story. If you agree to be interviewed and you don’t want to cry or be emotional on camera or in the story, tell the journalist not to use those images or that part of the interview.

If you say something that you do not want reported, tell them: “That is not for publication”. Ask them to repeat to you that they will not publish that part of the interview.

But it is always best to take your time. Think about your response before answering. Don’t be afraid to ask the journalist for time to gather your thoughts.

You can ask for a copy of the interview.

Paid interviews

A news organisation may offer to pay you for your story and offer you a contract.

Make sure you understand all the conditions of the contract. If you are uncertain, get legal advice or ask lawyer from the media outlet to explain to you in plain (non-legal) language what you are agreeing to. Remember, once you have sign a contract you are bound by the conditions of that contract.

Making a complaint about media reporting

If you are unhappy with news outlet or a journalist, you can complain to the journalist, to the editor or news director of that organisation.

You can also complain to:

• Australian Communications and Media Authority
  1300 850 115
  acma.gov.au
• Australian Press Council
  (02) 9261 1930
  1800 025 712
  complaints@presscouncil.org.au
  presscouncil.org.au