The role of media in criminal cases has been a topic of debate for years, and with the rise of social media, it is more relevant than ever. Nowadays, everyone has a platform to express their opinion – with sometimes far-reaching consequences. Recently, a medical student in Belgium was found guilty of rape. However, he was not sentenced to prison, partly due to his clean criminal record and promising future. The ruling sparked outrage both in Belgium and the Netherlands. In response, YouTuber Acid decided to reveal the name of the convicted doctor. However, while the doctor does not face prison time, Acid now does face a prison sentence. Joost Nan, professor of Criminal and Criminal Procedure Law at Erasmus School of Law, discusses the phenomenon of trial by media and the possible consequences of unlawfully disclosing someone's name.
Seeking justice on one's own
The Belgian medical student was indeed found guilty, but he did not receive a prison sentence. The judge deemed suspending the sentence justified, partly due to the student's clean criminal record, his young age, and because he "is a talented and dedicated young man who is highly appreciated both privately and professionally." The last part of the reasoning led to significant outrage on social media. Many wondered if the judgment would have been different had the individual come from a less prestigious background. Belgian YouTuber Acid found the verdict unjust and decided to take matters into his own hands: in a video, he publicly revealed the convicted doctor's name. This was not the first time he had done so. Previously, he had received a conditional three-month prison sentence for revealing the names of students involved in the death of Sanda Dia.
Trial by media
According to Nan, media attention in criminal cases is a double-edged sword. "Media attention for (major) criminal cases is as natural as it is important. Certainly, society benefits from the public knowing when and how criminal law is applied." However, he also warns about creating a second trial outside the courtroom: "There is a danger that a second trial against a suspect starts as a result. A trial with very different rules and outcomes. It is important to ensure that this does not overshadow the criminal trial or even influence it."
Revealing names: Not without consequences
In the Netherlands, the media usually shows restraint when naming suspects or convicted individuals. "The media follows the rule that a suspect's surname should not be mentioned," says Nan. "However, sometimes suspects themselves have no objection, and sometimes everyone knows who it is anyway." Nevertheless, these rules are not always followed, especially by influencers like Acid. The unlawful public disclosure of a name can have far-reaching consequences and is not without repercussions. Nan explains: "In an ongoing criminal case, the judge may consider the unwanted media attention in the sentencing and reduce the penalty."
The limits of the law
According to Nan, society needs to respect the boundaries of the law. When asked whether public interest could justify the revelation of names in some instances, he responds: "It remains a case-by-case consideration. Public disclosure of the verdict may be warranted to protect society from certain individuals. However, I believe that as a society, we should not jump too far ahead by doing that independently in advance."
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