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Two weeks ago, on June 11, Cabinet approved changes to the Criminal Code that would make it an offence to publish any material that could impede a criminal investigation or endanger the life of a witness. If implemented, such changes could hamper the work of the media, especially reporting on criminal cases. Police Commissioner Chester Williams said the media and the public were unaware of the extent to which news reporting was hampering court proceedings. He told Love News the amendment should not be seen as an act of suppressing the media, noting that the police would be more affected than journalism.
Police Commissioner Chester Williams: “There is often what is called pre-trial publicity in the law. This may not be something that is familiar to Belizean society, but it happens all over the world. What pre-trial publicity means is that because the matter has been over-reported in the news and in the public sphere, the court cannot properly prosecute or even possibly convict because the person concerned can say that the matter has been over-reported in the public sphere and therefore cannot get a fair trial. So this amendment is meant to strengthen the justice system so that people who are accused of a crime cannot come forward and claim that the matter was over-reported and that they must have somehow survived pre-trial publicity because that is grounds for the court to acquit them. So we are trying to see what can be done to ensure that so that such issues do not arise. So I hope that the media will look at it from that perspective and not see it as a way to silence the media in any way. It’s true that some information the media can still publish, but what the media is trying to protect are the videos and photos that are being investigated. A lot of times, we see that the police are the ones who usually leak these videos to the media and the public, so in a way, I think this amendment to the law affects the police more than anything else because now if the police leak these videos or photos to the public, they will be criminally prosecuted. So to me, like I said, we are the ones who are most affected by this amendment compared to the media. So I don’t think it’s a censorship of the media at all, but let’s look at it from a broader perspective to ensure that the prosecution and the judicial system can successfully prosecute and convict criminals. “
Last Wednesday, Minister Francis Fonseca told the media that he was initially concerned about the impact the amendment would have on press freedom. But he said that after discussions in Cabinet, Police Minister Karim Musa assured him that the planned changes would not infringe on the rights and freedoms of the media. In our interview with Commissioner Williams, he further stated that for certain material the media would have to seek permission to publish and that he was willing to educate the media about these amendments in the future.
Police Commissioner Chester Williams: “There are some things that the media can apply for permission to publish. Once they apply and it passes the review, you can publish it.”
Reporter: So who is responsible for approving publication?
Police Commissioner Chester Williams: “I think the application will go to the Commissioner of Police. I’m not quite sure how it will be drafted, but I think it will be between the Commissioner or the DPP. It will cover media footage, for example, when there is a robbery at a shop and the shop owner gives that video footage to the police as part of the investigation and the police leak it. Correct? That will cover things like that, or where the police have photographs of the crime scene and those are leaked. That evidence is already part of the case. So the law is also designed to protect the public because again, we find that a lot of times people give footage to the police as evidence out of conscience and confidence, but that footage is leaked. When that happens, those who gave that evidence to the police are put at risk. So in addition to making sure that we secure a conviction, the law is also designed to protect those who give video footage or photographs to the police as evidence in a particular case. So, like I said, if you go to a crime scene and take video of the crime scene and it’s shown on the evening news, the law is not going to stop that from happening. But like you said, a meeting is held to clarify with the media exactly what the law is trying to prove, and I’m very willing to do that, in fact, I can say that once the law is passed, we will do that.”
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