Page 13 - Courting the Media Contemporary Perspectives on Media and Law
P. 13

4                          Geoffrey Sykes


                             performance  seem  based  in  part  on  misunderstanding.  The  judge  fits  easily
                             into the seat of the studio presenter: the courtroom audience into that of the
                             studio: the witnesses and parties into the social actors who appear from out of
                             the audience or on cue, in games, variety and panel television shows. Having
                             made  all  these  brief  if  salient  points,  one  needs  to  be  careful  not  to  ignore
                             those  elements  of  entertainment,  glamour,  sensationalism  and  acting,  that
                             mould and shape court proceedings, as they are produced for reception by a
                             mass audience. The white lights of studio courts can serve both to blur and
                             reinforce, and not clarify, the traditional boundary of law and media: so much
                             and no further, one can hear the judiciary murmur at the antics of Judge Judy.
                                 On  the  other  hand,  legal  practice  has  shifted  the  boundary  on  its  own
                             terms, and stolen the gun on the near monopoly on production exercised by
                             broadcasters.  Despite  initial  reticence,  the  teleconference  facility  has  grown
                             many  times  for  court  evidence  and  examinations  of  distant  or  sensitive
                             subjects: evidence captured on video by police, forensic and expert authorities
                             is  being  admitted;  students  are  getting  video  feedback  of  their  moot  court
                             appearances. The ‗in house‘ adoption of video as a tool or device within courts
                             might  be  one  factor  for  the  increase  in  selective  permission  by  television
                             cameras to court proceedings. Permission for access is increasingly a matter
                             for  the  discretion  of  individual  jurisdictions,  courts  and  judges,  rather  than
                             binding, general procedural rules. The search for new subject matters for the
                             so-called ―reality TV‖ genres of television has enabled selected permissions
                             for crews to accompany police patrols and, without consent of parties, follow
                             selected cases from first investigation to court appearance and judgment. The
                             genres  of  reality  television  offer  more  fluid,  hybrid  shows  to  accommodate
                             expectations of media and law professionals in ways not always met by the
                             narrative modes of television drama.


                                              THE TELEVISED COURT (II)

                                 Brian  White  (―The  Man  in  the  Gallery  with  the  Writing  on  His  Face‖)
                             provides  a  case  study  of  a  hearing  that  has  been  virtually  transformed  in  a
                             television  event.  The  level  of  media  and  public  interest  in  the  inquest  into
                             Lady  Diana‘s  death  provided  grounds  for  discretion,  in  permitting  full
                             coverage not only of proceedings but also of public bystanders and audience.
                             The  study  discusses  one  of  the  possible  consequences  of  allowing  multiple
                             cameras  into  court,  with  consequent  online  editing,  as  fixtures,  faces  and
                             events  that  might  not  attract  interest  in  a  traditional  proceeding  but  gain
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