Opinions on the issue are divided with some saying media reports of active cases can influence public opinion to the detriment of the case. On the other hand, others feel press reporting actually leads to positive outcomes to cases.
Discussing the issue at a recent judicial seminar in Riyadh, Sheikh Saleh Al-Hussain, head of the General Presidency for the Two Holy Mosques, criticized media coverage of active cases, adding that it is vital that the Kingdom’s judiciary is respected. “Any attack on the judiciary is an attack on the reputation of the country,” he said after explaining that some active court cases have been reported in the West to defame the Kingdom.
“No one should criticize judicial rulings, or report cases that are still being considered by the judiciary,” he said.
According to the Kingdom’s publication law (Article 73), “It is not legal to publish investigations or court hearings related to personal issues or other (issues) unless an authorization is taken from the concerned authorities.” Lawyers say the wording in this piece of legislation is ambiguous and open to interpretation.
Mohammad Al-Tunsi, editor in chief of Okaz newspaper, said he is “against restrictions or limitations in what the media can or cannot publish, unless the reporting will negatively affect the public interest. Information must be published as long as there is responsible freedom.”
Al-Tunsi considers the media publishing of active cases a “violation,” but believes it is acceptable to report them as long as the reports are accurate and sources are protected.
He added that his newspaper has not been accosted for publishing court cases and that newsworthy court cases often attract huge public interest, something that can lead to positive outcomes.
Sultan bin Zahim, a Madinah-based lawyer, said reporting active cases will result in two judgments: one that is reached by the court and the other that is reached by the public.
“Some cases turn into public opinion cases, which gives judges the opportunity to listen to alternative views. This can be positive and lead to a reverse in the judgment with the ruling reduced or canceled,” he said.
Ibrahim Al-Zamzami, a Makkah-based lawyer, said that since the media are allowed to cover issues about other government departments there should be no reason why the media cannot cover court cases.
“The media have the right to publish. The media are the voice that can reach the responsible authorities,” he said. “If the case of the forcibly divorced couple was not covered in the press then that poor woman would have been divorced and no one would have known,” he said.
He added that the law is unclear on the issue and that there is a need to update the Kingdom’s media law, especially in light of developments in media. Khalid Abu Rashid, a Jeddah-based lawyer, said the press has a tendency to report cases involving well-known people or issues that are rare. He added that reporters err when “they put their suggestions or anticipations into articles, or reveal details that can harm the case.” Saudi journalist Mona Al-Shihri has reported on many court cases. She said that if a case is clear and those involved produce documents to substantiate what they say then there is no harm in reporting on the case.
She added that people ask for their stories to be published when their cases have been pending in court for a long time, or if they feel a judgment they have received is unfair.
Al-Shihri said reporters find great difficulty reaching judges or getting comments from them. She added that as a journalist she did not receive training on how to report court cases and that everything she knows she has learned working in the media for six years.
“The problem is that some journalists are biased. They believe everything people tell them as long as everything makes sense. Some reporters also write their opinions on cases that are active, which is problematic,” she added.
