This research project was developed to investigate the effects of media reporting of Family Court proceedings following this hugely significant change in the law. It sought to exploit a unique opportunity to investigate whether the new openness made a difference to public awareness and understanding of the Family Court dispute resolution process and if so, what that difference was. It also hoped to be able to assess the extent to which the new openness of the court served the interests of families and children.
Purpose
The research was designed to report on the sort of coverage Family Court hearings generated in the print and broadcast media in the first year after the opening up of the court, including how families and children were dealt with, the extent of coverage, what sort of family dispute stories attracted attention and how much control was exercised by judges.
Key Results
This study investigated reporting of Family Court custody cases since the opening up of the Family Court to reporting by the media in 2005. The most striking outcome has been that the media does not appear to be interested in going to the court or writing much about it in depth at all. We have attempted to investigate reporting of the court from the point of view of both the judiciary and the media. It is clear there is some tension between these viewpoints as revealed in the brief concluding points set out below. However, it is hoped these conclusions will assist in a fuller understanding of the ability to report, of how the media has responded to it and how it might respond in the future.
- Media can now report on all phases of Family Court cases, by sitting in on full custody hearings, and using all material and documents brought before the court. Court records may be searched. Interviews with parties, associated persons and with the children involved in custody proceedings are also possible.
- An overwhelming majority of Family Court judges are in favour of the new regime of openness in the Family Court and would welcome media attendance.
- Judges have been disappointed with the limited and unbalanced reporting of the Family Court in the first year of the new regime.
- Where the media does report, the regulatory regimes of the BSA and the Press Council can have impact. Media should ensure that privacy is not invaded and that fairness, balance and accuracy are maintained.
- It is risky and inadequate to take a partisan approach to reporting Family Court cases. All relevant viewpoints should be accurately presented, either by seeking comment from the parties involved, or by at least outlining opposing views or allegations.
- Where the Family Court is criticised, it should be given an opportunity to respond to the criticisms within the period of current interest.
- Care should be taken to ensure that mistaken identification does not occur.
- The media can take full advantage of the new Family Court reporting freedoms. Obtaining a copy of the judgment in a case to find out what the outcome was and how that outcome was reached is a useful starting point for reporting.
- The judiciary in the Family Court are apparently very willing to give assistance to the media in reporting the proceedings.
- The media faces significant practical impediments to fully reporting about the Family Court, including lack of personnel and time to cover cases.
- Some media have faced difficulties finding out about newsworthy Family Court cases.
- Some media do not consider Family Court cases newsworthy.
- Some media feel uneasy reporting Family Court cases.
- Some media think reporting the Family Court would become more attractive if there was more openness.
The door to the Family Court is open, but the media has not gone through. Some of the reasons for this are practical limits imposed within the highly competitive media sector. However, others appear to be lost opportunities or failure to capitalise on or adapt to new sources of information. Meanwhile, protests about the Family Court continue. While the media could assist public understanding of the work of the court by taking more advantage of the new openness, it will be assisted in this if the plans for opening the court more fully are brought to fruition.