Page 116 - Courting the Media Contemporary Perspectives on Media and Law
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―Your Words Against Mine‖: States of Exception…     107


                             radio as well as blogs and news reports on the web. This lies outside of this
                             particular analysis as does the comparison with detailed accounts of the court
                             proceedings.


                                                FIRST CONTEXT OF USE:
                                            “YOUR WORDS AGAINST MINE”
                                    AS A STANCE OF JOURNALISTIC NEUTRALITY

                                 The examples given above illustrate two different contexts for using the
                             expression  ―your  words  against  mine‖.  The  first  context  is  when  the
                             expression is used by the media in Excerpts 1-4. The second context is when
                             the  expression  is  used  in  Excerpt  5  by  one  of  the  contested  parties.  In  the
                             following analysis we are interested in understanding the different conditions
                             for using the expression and the meanings attached to these expressions.
                                 The expression ―your words against mine‖ was first used (Excerpts 1 and
                             2) by the media in the proximity of the event in question. Clearly the media, as
                             indicated above, could  not at this  stage (nor later)  discern the  most truthful
                             story  of  the  accounts  given,  but  could  just  accept  that  various  competing
                             versions of the event circulated. The versions of the event differed between the
                             two main parties and their attorneys. At this stage the task of the media was to
                             report  to  the  public  that  a  fight  involving  two  parties  had  taken  place.  If  it
                             would  not  been the  case that  one  of  these parties was a  high profile  public
                             person, the event would barely have been noticed. The media did report on the
                             event  and  did  so  with  some  detail,  expediency  and  thoroughness  given  the
                             public identity of one of the parties. It was too early to declare who was right
                             and who was wrong, neither was this the duty of the media. An indeterminate
                             situation where the truth of the events could not be corroborated is emphasized
                             by  the  fact  that  one  of  the  parties  is  a  public  person.  This  leads  to  special
                             measures of precaution from the point of view of the media, in order for them
                             to proceed in a safe way that explicitly avoids intervention in a legal matter.
                             The principle of non-intervention by media in legal matters is general but is
                             perhaps more urgently called for when the case involves a public figure, such
                             as the Chairman of SSU. It is not only out of a possible fear that a wrongful
                             conduct would lead the public person taking action against the newspaper in
                             case  their  initial  account  was  wrong;  it  is  also  a  matter  of  establishing  and
                             maintaining  the  newspaper‘s  principle  of  neutrality  in  relation  to  the  law,
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