In e.g. Finland names are not published by the press unless the crime is severe and there's a conviction or the person is already a public figure.
In e.g. Finland names are not published by the press unless the crime is severe and there's a conviction or the person is already a public figure.
These laws need to change, given the Internet's long-term memory.
In the UK they release mugshots, full names, and approximate address in the media, after a guilt verdict. Names and approximate addresses are published before since trials are public.
Finland, Germany, France, etc. have gone to another extreme. In France they now even withhold the names of people arrested in the act of murder or terrorism because "people are presumed innocent" and "their privacy must be protected"... which is pushing it beyond sensible and common sense, and is fairly recent practice that seems to have spread from Germany.
Innocent until proven guilty, and the same goes for the court of public opinion.
There is a big difference between being caught in the act and charged following an investigation.
Currently Europe is moving/has moved to an extreme position beyond common sense as it has done on several other issues based on "good intentions".
In some cases there is also a pressure to charge and go to trial just based on accusations (e.g. rape cases), which is another issue.
There's no good from this only witch hunts. Something more common more recently in the anglosphere too.
There's no good from this only figurative village mobs and witch hunts.
From my experience something culturally more common in the anglosphere too.
Public shaming of people at trial is incompatible with the belief in rehabilitation.
Being labeled as "a criminal" for sure hinders rehabilitation. It reduces opportunities and probably affects identity.
Based on how crime and offenders are publicly discussed in the US, it seems there's very little interest in rehabilitation, except if the person is of high status. Per my common sense the US culture is often just plain cruel with people revelling in others' suffering if they are labeled as "outsiders".
This is to some extent true in the UK as well. Pubic figures are likely to lose their income if convicted of a crime, whereas someone in a less visible or responsible profession is more likely to be able to continue working immediately after serving their sentence (or during, if the sentence is non-custodial). This is therefore considered a mitigating factor during sentencing.
One result of this is that the law can sometimes appear to be more lenient on celebrities or other notable individuals, but it is really just making the system equitable so that the sentence has the same effect regardless of the criminal's personal situation.
What is the purpose for publishing the named?
Convicted criminal? Sure, write a story. In the most hopeful case, the sentence they serve will help reintegrate them with society - even then, it's good to know who you're dealing with.
Proven innocent? Lawful or not, you're now carrying the weight of possibly ruining someone's life even further. Sleep on that.
"It is a defence to an action for defamation for the defendant to show that the imputation conveyed by the statement complained of is substantially true." [1]
That has to be the case otherwise it would be unlawful to say or publish anything negative about someone!
Public interest defence applies when the statement published was false.
Note that convicted criminals are always publicly named unless the court forbids it. In that latter case naming the person would still not be libel but contempt of court (which potentially means jail).
Even this is somewhat problematic. There seems to be a widespread idea that "criminality" is somehow an integral feature of some (un)people for whom almost anything goes, their lives being ruined is of no concern (not saying you imply these), and it's crucial to know who have this feature.
Something like this was actually a phrenologically motivated "scientific" view in the 19th century most famously by Lombroso's phrenological and eugenical "theory", but other "biological theories of criminality" are still around. It's not that such views are necessarily widely held, but it was the backdrop of the development of much of criminal policy.
The distorted view of crime and the tragedies it causes for both "innocent" and "criminal" is really sad.
Note: I'm not really arguing against you rollcat here or attributing this thinking to you. Just something tangentially related.
People are presumed innocent and their privacy must be protected. The mugshot porn is not good for anybody or the society in general.
The same peculiar notion was present in the moral panic around Google Street View in Europe, where the exact view anyone can have from a public street was considered dangerous once digitized and copied.
This of course predates the internet. Publicizing generally available information about individuals or compiling them into databases for no acceptable reason has been illegal for ages at least in most of Europe.
The easier distribution by internet does cause some new questions in this and I'm not sure if restricting to "meatspace access" is optimal, but it is mostly what we have now.
The "good intentions" have indeed led to a situation in which criminals are protected beyond the level of protection and rights afforded to victims and law-abiding citizens.
People can get in trouble by publishing CCTV footage to identify criminals, to give one basic example. But that's to be expected if some people think that even convicted criminals'privacy should be protected...
Is this true?
Have you compared the crime rate between e.g. Europe and USA?
People who have been sentenced of a crime are people too and (should) have rights. Its better for everybody.
The criminal justice system should be transparent. Anyone should be able to watch any proceedings. This fits with your requirements as long as people don't report it.
The Australia Federal Court live streams but it is illegal to yt-dlp / photograph the monitor etc - https://www.youtube.com/@FederalCourtAus/streams
You also need people before and after (if convicted) to know. For instance witnesses or if they too were victims of crime. This is the impossible problem.
It's not even the reporting, it's easy search, as old newspapers have been scanned I've seen a few family secrets (of people still alive) that I would never have known and never needed to know.
However the proceedings aren't streamed and the documents aren't online. Some cases can be published online (e.g. supreme court ones) but with identifying information redacted. I think this is good.
The policy is voluntary by the press, not a law. Although in some cases publishing such information could be deemed violation of privacy if it's not deemed of public importance. And compiling databases of the personally identifying information could be illegal.
The gutter press in Australia have a field day at peoples expense.
Plenty of precedent of throwing high profile court cases too (hard to find unbiased jurors etc). Lately there's been a number of important cases being declared mistrials.