Will the media be interested in my case?
It is not always possible to predict the level of media interest in a case.
Media organisations often report on matters involving fraud, drug importation, terrorism and child exploitation offences. However, any case may attract attention depending on the circumstances, the people involved, or other events happening at the time.
There are legal rules about what can and cannot be reported during a trial or court hearing. If a journalist approaches you about a case you are involved in, it is best not to comment to ensure that those rules are followed. Instead, let your Witness Assistance Officer (WAO) or the CDPP prosecutor know that you have been approached by the media so they can provide you with guidance.
Will the media contact me?
In some cases, journalists may seek to speak with people involved in a matter. This may happen outside the court building, by phone, or at your home.
The CDPP does not provide your contact details to the media.
If you are contacted by a journalist and feel unsure about what to do, you can speak with your WAO, CDPP prosecutor, or the CDPP’s media team for advice and support.
Do I have to speak to the media?
You are not required to speak to the media at any time.
If you are a witness, the CDPP strongly recommends that you avoid discussing the case publicly (including with the media) until it has concluded. This helps protect the integrity of the proceedings and avoids any risk of your evidence being compromised or challenged because of comments made outside of court.
If you prefer not to respond to media enquiries, you can simply decline or refer journalists to the CDPP’s media team.
If you are considering speaking to the media, we encourage you to discuss this with your WAO or CDPP prosecutor first so we can explain any issues that could arise and impact the matter.
If you are not a witness, you can speak to the media unless there are laws or court orders that prevent you from doing so.
More information
You have the right to:
- refuse to speak with all media representatives
- hold a general press conference
- choose to speak with a particular journalist or media outlet
- refuse to speak with a particular journalist or media outlet
- decline an interview, regardless of whether or not you have previously granted interviews
- decline requests on behalf of your children or children you are guardian for
Media organisations are not allowed to film or take photographs inside courtrooms.
However, journalists sometimes wait outside court buildings. Because these areas are public spaces, filming or photography may occur as people arrive at or leave the court.
Media should not block your path or prevent you from entering or leaving the building. You are also not required to speak to journalists if they ask questions.
If you prefer not to engage with media, you can simply continue on your way without responding. One strategy is to walk directly into or out of the court building, looking directly ahead, without stopping or commenting on what the journalists may be saying.
If you have concerns about media presence at court, you can speak with your WAO or CDPP prosecutor who can provide advice and support.
Journalists are bound by a Code of Ethics, which is also used to determine whether complaints are upheld. If you feel you have been unfairly treated by a media outlet or a particular journalist, you have the right to make a complaint.
In the first instance, you should raise your complaint directly with the media outlet, in writing. You can do this via the company’s contact form on its website, or by writing a letter. Try to include the section of the Code of Ethics you think has been breached, and make sure you include the article or time and date of the broadcast item you are referring to.
You may wish to write a Letter to the Editor if your complaint is about factually incorrect information.
If you don’t think your complaint is treated fairly, you can raise the issue with the Australian Communications and Media Authority (ACMA). This is a government authority responsible for regulating the media and ensuring journalists abide by the rules.
Regardless of which avenue you decide to take, you should make your complaint as soon as you can after the reporting and include:
- your name
- your contact details (so they can respond)
- name of the broadcaster (including the program title), publisher or website you are complaining about and the author
- date the article was broadcast or published
- the reason for your complaint, and details about why you are concerned about the article.
Make sure you keep copies of all the materials that make up your complaint and keep a record of the date you make it.
- When you have answered a question, stay silent and wait for the next question. Often journalists will not speak in the hope of prompting you to say something else.
- Always have an exit strategy in place before any interview or a press conference.
- Keep calm, journalists will often try to provoke you to try to get a more interesting response.
- Don’t answer questions you are not prepared or willing to answer just to please the media.
- Remember that everything you say can be reported. It is safest to assume that you are always ‘on the record’.
- Make sure you know who the journalist is and which media outlet they represent. If it’s necessary, ask them to identify themselves again. You can ask the journalist for their card or name and phone number to help you keep a record of the information.
- Make sure you understand the question being asked, and don’t be afraid to ask them to repeat it if you are not sure.
- Before the interview begins, make sure you understand the purpose of the interview, the type of article being written, and how the journalist intends to use your comments.
- Be polite, but firm, in seeking corrections.
Remember: When you talk to the media, the story may be different to what you were expecting. Journalists may also use information you provided in several different stories or in ways you don’t like. This is not necessarily grounds for complaint, but it helps if you try to understand exactly what is intended before you speak to a journalist.