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News Power, Crime and Media Justice
Introduction to News Power, Crime, and Media Justice
Criminologists struggle with consensus on crime and criminal justice issues, including:
Definition of crime
Causes, nature, and distribution of crime
Impact of crime on society
Effective responses to crime
Common agreement on two facts:
News media distorts the true picture of crime and justice.
This distortion negatively impacts society.
Negative outcomes include:
Public misunderstanding
Skewed perceptions of crime prevalence and criminal justice effectiveness.
Politicization of law and order.
Politicians capitalize on distorted narratives to advance punitive policies.
Criminalization of marginalized groups.
Criminalization and stigmatization of vulnerable or marginalized groups.
Fear-driven public demand for harsher penalties and "tough-on-crime" policies.
Formation of punitive crime control policies.
Despite awareness of these issues, the relationship between news power, crime, and justice is still under-researched.
Historical context
Steve Chibnall (1977):
Described crime news as a central repository for public knowledge and creator of societal values.
Argued that crime news remained under-researched despite its societal importance.
Early focus (1970s-1980s):
Behavioral effects of violent media portrayals on children.
Examples: Cohen and Young (1973) emphasized concerns about sex and violence in media.
Crime news shapes public perceptions:
Provides interpretations, symbols, and myths.
Organizes opinions and fosters collective societal values.
Creates moral boundaries and fosters stereotypes.
Key Concepts: News Values and Moral Panic
News Values
Criteria used by journalists to determine what becomes "newsworthy."
Often caricatured in research but remain critical to understanding crime news production.
Chibnall identified eight universal news values guiding crime news selection:
Immediacy
Dramatization
Personalization
Simplification
Titillation
Conventionalism
Structured access
Novelty.
Moral Panic
Coined by Stanley Cohen, describing societal overreaction to perceived threats amplified by media.
Media exaggerates certain crimes or behaviors, causing public anxiety and disproportionate responses.
Crime news in context of social change
The Media and the Punitive Turn:
Penologists in the 1990s identified the media as a driver of punitive criminal justice policies.
Media sensationalism increases public fear, justifying harsher punishments and policy decisions.
Shift to Media Justice:
From traditional criminal justice systems to public adjudication by media outlets.
Media acts as a parallel justice mechanism, influencing public perception of "justice."
UK News Media System
Characteristics:
Unique national newspaper market:
Dominated by conservative tabloid-style outlets.
Fully integrated 24/7 print and digital operations.
Broadcast media (TV, radio):
Heavily influenced by newspapers due to tighter legal regulations on objectivity and impartiality.
Emergence of "adversarial journalism":
Pushes legal boundaries to maintain influence.
Shapes public discourse on crime and criminal justice.
Market Transformations:
Transition to digital-first information ecosystems:
Endless circulation of potential crime stories across platforms.
"Informational chaos" with corporations acting as dominant filters and legitimators.
Corporate Reassertion of Authority:
Revalidating distinctions between "information" and "news."
Imposing narrative order in chaotic information streams.
New Media Practices
Trial by Media:
Media-led investigations and public exposure of alleged offenders or institutions.
Offers alternative "justice" for victims failed by official systems but risks reputational harm to individuals and entities.
Scandal Hunting:
Media's focus on exposing controversies or perceived institutional failures.
Simultaneously holds systems accountable and sensationalizes issues for profit.
News power, News Values and Moral Panic
Overview:
The 1970s and 1980s marked a peak in crime news research, driven by interdisciplinary efforts to better understand the complex relationship between news power, social change, and crime. Key works during this period established foundational concepts, particularly news values and moral panic, which have significantly shaped criminological and media studies.
Key Concepts:
1. News Values:
Definition: A framework of professional criteria used by journalists to determine the "newsworthiness" of events, especially crime.
Core Idea: News values act as the guiding principles in the selection and construction of crime stories, shaping how crime is perceived by the public.
Chibnall’s Eight News Values (1977):
Immediacy: Emphasis on up-to-date, breaking news.
Dramatization: Focus on sensational, emotional, and gripping narratives.
Personalization: Crime stories often revolve around individual characters or victims.
Simplification: Reduction of complex issues into easily digestible narratives.
Titillation: Inclusion of elements that evoke curiosity or voyeurism, such as sex and violence.
Conventionalism: Reinforcement of existing societal norms and values.
Structured Access: Dependence on official sources for information (e.g., police, courts).
Novelty: Prioritization of unique or unexpected events.
Additional Rules for Reporting Violence:
Visibility: Preference for public, visible crimes.
Sexual/Political Connotations: Stories involving controversial or taboo topics.
Graphic Descriptions: Detailed accounts to evoke emotional reactions.
Pathology: Focus on individual deviancy or mental illness.
Deterrence: Implicit or explicit support for harsh punishments.
Implications:
Explains why certain crimes (e.g., stranger violence) are overrepresented in the media, while others (e.g., domestic violence) are underreported.
Demonstrates how crime news functions as a "morality play," reinforcing societal values and stigmatizing deviance.
2. Moral Panic:
Definition: The societal overreaction to a perceived threat, amplified by the media, which demonizes particular groups or behaviors (Cohen, 1972).
Key Features:
Emerges during periods of cultural strain or moral ambiguity.
Media and authorities stereotype and scapegoat "folk devils" (e.g., Mods and Rockers).
Leads to increased surveillance, stricter laws, and stigmatization of marginalized groups.
Case Studies:
Mods and Rockers (Cohen, 1972):
Youth subcultures were demonized in 1960s Britain for challenging traditional values of hard work and restraint.
Media coverage amplified public fears, creating a feedback loop of moral outrage and deviance amplification.
Mugging and State Crisis (Hall et al., 1978):
The "black mugger" became a folk devil during an economic and political crisis.
Media coverage served as an ideological tool to justify authoritarian state responses and shift public attention from structural issues.
Theoretical Perspectives:
Cohen (1972): Moral panic is a social practice involving all stakeholders, including media, authorities, and the stigmatized group.
Chibnall (1977): Moral panics reflect journalistic practices that prioritize news values over broader state interests.
Hall et al. (1978): The news media operate as part of an ideological state apparatus, reproducing dominant ideologies with limited journalistic autonomy.
Functions of Moral Panics:
Define societal boundaries between "us" and "them."
Legitimize punitive measures by the state.
Act as a tool for social control during periods of instability.
Evolution of the Concepts:
While news values and moral panic remain influential, their application has become overly taxonomical, often detached from the broader socio-political context.
Research has historically focused on demonstrating the media’s bias in relation to gender, class, race, and sexuality without exploring the radical shifts in news production and consumption.
Recent Transformations in News Power:
The Punitive Turn:
Studies on mass incarceration (e.g., Garland, 2001) highlighted the role of media in reshaping public discourse and policy.
Crime dominates political agendas, with media fueling demands for quick fixes and harsher penalties.
Technological and Economic Changes:
The rise of 24/7 digital news has created a hyper-competitive market.
News organizations amplify their power through trial by media and scandal hunting, influencing public perceptions and policy.
Conclusion:
The concepts of news values and moral panic remain vital for understanding crime news but must be reconsidered in light of the profound shifts in media landscapes over the past four decades. As the lines between news and information blur, corporate media power continues to shape crime consciousness, emphasizing the need for updated criminological research that integrates these transformations.
News Power and the punitive turn
Overview:
The punitive turn refers to the shift in criminal justice policies in Anglophone countries, marked by harsher punishments, increased criminalization, and rising incarceration rates. This transformation, linked to broader societal and economic changes, is significantly shaped by news power and media dynamics. Scholars such as Hall, Garland, Roberts, and Pratt have provided critical insights into how media narratives have influenced public opinion, electoral politics, and criminal justice policy.
Key Concepts:
Authoritarian Populism (Hall, 1979, 1980):
Definition: A strategy used by political elites to harness public fears and anxieties to legitimize neoliberal solutions, including punitive law-and-order policies.
Thatcherism and News Media:
Hall argues that the conservative news media in the UK played a crucial role in criminalizing marginalized groups.
This ideological shift supported both the creation of an authoritarian state and the promotion of free-market policies.
Key Features:
Public fears are mobilized against "outsiders" (e.g., minorities, youth, marginalized groups).
The news media acts as an ideological tool, normalizing harsh punitive measures.
Hall’s Marxist perspective views this shift as structural and challenging to reverse.
Populist Punitiveness (Bottoms, 1995):
Definition: A trend where political and public discourse increasingly embraces punitive criminal justice policies.
Contrast with Hall:
Bottoms views populist punitiveness as a temporary shift rather than a deep ideological transformation.
His focus is policy-centric, downplaying the role of the news media.
Key Features:
A break from post-War liberal criminal justice policies, which traditionally avoided overtly punitive approaches.
Heightened politicization of crime and justice.
Role of Media in the Punitive Turn:
Garland (2001):
The media amplifies public fear of crime, particularly among middle-class audiences who were historically less exposed to crime.
Effects:
Crime is dramatized, reinforcing emotions like fear, anger, and fascination.
The criminal justice system is portrayed as ineffective and indifferent, eroding public trust.
Roberts et al. (2003):
Media frames reality, feeding into societal anxieties and suggesting simplistic remedies for crime.
Highlights the negative influence of tabloid law-and-order campaigns:
Sensationalized reporting reinforces punitive sentiments.
Politicians are pressured to adopt "tough-on-crime" policies.
Pratt (2007):
A transforming media environment—marked by deregulation, globalization, and technological change—has intensified competition.
Key Media Narratives:
The criminal justice system prioritizes the rights of criminals over victims.
Citizens must rely on punitive measures to ensure safety.
Core Media Contributions to the Punitive Turn:
Exaggeration of Threats:
Focus on violent, predatory offenders.
Highlighting rare and exceptional crimes to stoke public fear.
Simplistic Moral Frames:
Binary depictions of good vs. evil.
Villainizing offenders while glorifying retributive justice.
Sensationalized Campaigns:
Targeting "soft-on-crime" politicians, experts, and institutions.
Portraying criminal justice systems as ineffectual and unjust.
Demand for New Punishments:
Advocacy for harsher sentencing, extended criminal laws, and increased surveillance.
Antagonism Toward State Authority:
While media narratives often align with state rhetoric, there is growing antagonism (e.g., attacking state inefficiencies or leniency).
Tabloidization and Digitalization:
Two critical media processes have reshaped news power, yet remain underexplored in criminological studies:
Tabloidization:
Emphasis on sensational, emotional, and simplified crime stories.
Tabloids dominate public discourse, promoting fear-driven, punitive ideologies.
Differentiation between tabloid and broadsheet journalism:
Broadsheets are seen as more moderate but are subject to influence.
Tabloids are often viewed as beyond reform in their sensationalism.
Digitalization:
The rise of online news and social media has intensified competition, forcing all media to adopt more sensationalist approaches.
Real-time reporting amplifies public reactions, creating echo chambers of fear and punitive sentiment.
Media and Public Policy:
Roberts et al. (2003):
Propose reforms to improve the accuracy of crime reporting:
Educating journalists on the complexities of crime and criminal justice.
Increasing access to expert sources, such as statisticians and academics.
Critique: These reforms underestimate the structural power of the media and its resistance to change.
Consensus View:
While the media contributes to the punitive turn, its effects are not irreversible.
Strategic interventions in broadsheet journalism and public education can mitigate its impact.
Conclusion:
The punitive turn is closely intertwined with news power, particularly the ability of the media to amplify fear, simplify narratives, and shape public discourse. While traditional criminological approaches often neglect the dynamic and evolving role of media, understanding processes like tabloidization and digitalization is critical to analyzing modern crime and justice narratives. Acknowledging the media's transformative role can inform strategies to counteract punitive populism and promote more nuanced public discourse.
UK News Power: Tabloidization and Digitalization
Overview:
This chapter discusses the transformation of UK news media, particularly following Rupert Murdoch’s shift of his UK operations to Wapping in 1986, and how technological advancements in printing and the rise of digital media reshaped the nature of news production, distribution, and consumption. The concepts of tabloidization and digitalization are central to understanding how crime news, in particular, became more sensationalized, interactive, and adversarial, contributing to the reconstitution of news power in the UK.
Key Concepts:
Tabloidization:
Definition: The process by which the news industry shifted towards producing more sensational, scandal-driven content, often prioritizing entertainment and emotional engagement over in-depth political or economic reporting.
Technological Drivers:
Move to Wapping (1986): Rupert Murdoch’s shift from Fleet Street to Wapping marked a major change in the UK press industry. The move was driven by advances in computerized and full-color printing, which reduced costs and allowed for quicker, more efficient production.
Impact on Newspapers: Newspapers adapted by reducing workforce size and increasing their focus on consumer-friendly design and content, making news more accessible and visually engaging.
Cultural and Editorial Shifts:
News production emphasized scandal, sensation, and infotainment, with the focus on creating dramatic realism in news stories, particularly those related to crime.
Crime news became especially well-suited for this environment, with graphic imagery and emotionally charged narratives designed to provoke shock, empathy, and anger.
There was a shift in how fitness for public office was judged, with personal scandals and sensational stories often taking precedence over political qualifications.
Economic and Political Impact of Tabloidization:
Newspaper Owners' Power: The shift to tabloidization allowed newspaper owners and editors to boost their financial and political influence, making profit, industrial power, and political influence consistent goals. Murdoch’s success showcased that all three could be achieved simultaneously.
Digitalization:
Definition: Digitalization refers to the rise of digital technologies that have transformed news production, distribution, and consumption. Digital convergence involves the merging of media technologies (internet, mobile devices, and multimedia) to create new ways of interacting with news.
Early Stages: In the early stages of the internet, many newspapers struggled to establish a strong online presence, often using websites as dumping grounds for print content. However, the rise of digital convergence began reshaping this landscape.
Key Drivers of Digitalization:
Proliferation of News Platforms: A surge in the number of news outlets and online platforms led to an information overload, where the challenge for consumers shifted from finding news to choosing and filtering it.
Consumer Power: Rupert Murdoch (2006) acknowledged that power was shifting away from media owners to a new generation of educated, demanding consumers who wanted content tailored to their needs and delivered when they wanted it.
Global Reach: Traditional print newspapers began to develop digital operations with a global reach, transforming into corporate news brands. For example, despite declining print readership, online platforms like MailOnline surpassed print newspapers in terms of daily visitors.
Impact of Digitalization on News Consumption:
Proliferation of Platforms:
The rise of 24/7 news from multiple platforms worldwide created a fragmented, competitive environment for news consumers, forcing traditional newspapers to adapt to a global audience.
Increased Interactivity:
News has become more audience-centered with the integration of interactive features such as comments, user-submitted videos, and photos. This shift allows consumers to participate in the news process, becoming citizen reporters.
Notable examples:
During the London bombings (2005), news organizations received thousands of user-generated content pieces (photos, videos, texts), showcasing the shift toward interactive news.
2011 London Riots: Journalists, police, bystanders, and even rioters contributed to real-time news coverage, illustrating the increasingly collaborative nature of news production.
Adversarialism:
The growing adversarial style in news reflects a broader cultural shift of distrust towards authority figures and institutions. This adversarialism involves a critical stance towards political and social structures, especially in relation to institutional failure.
The rise of negativity in news coverage, particularly regarding authority, plays a significant role in shaping public opinion.
Tabloidization and Digitalization Combined:
These two forces work in tandem to reconstitute news power in the UK:
Tabloidization drives sensationalism and emotional engagement, particularly in crime reporting, while digitalization enhances the immediacy and interactivity of news consumption.
As news platforms proliferate, traditional media outlets are forced to adapt by adopting new techniques, including more interactive and adversarial approaches.
The New Business Model:
Adversarialism becomes central to the new model for news corporations, where the investigation and exposure of failures (especially institutional) serves as a key selling point.
This adversarial approach is seen as essential in distinguishing one news outlet from another in an increasingly crowded and competitive market.
Trial by Media, Victim-Centered Campaigns, and Scandal Hunting:
Trial by media: The media plays an active role in shaping public perceptions of individuals and events, often acting as a judge in cases of scandal or crime.
Victim-centered news: Crime reporting increasingly focuses on victims, often providing a platform for them to become the central narrative in news stories.
Scandal hunting: A focus on exposing scandals or moral failings within institutions or among public figures becomes a way for news outlets to maintain attention and attract audiences.
Conclusion:
The transformation of UK news power through tabloidization and digitalization represents a major shift in how news is produced, consumed, and understood.
The new media environment is characterized by:
Sensationalism and entertainment-driven reporting.
A proliferation of news platforms with increasing audience interactivity.
A more adversarial stance towards authority, driven by consumer demand for real-time engagement and exposure of institutional failures.
These processes together are reconstituting news power, creating a media landscape where profit, power, and political influence are intertwined with new strategies for engaging, entertaining, and challenging both the public and authorities.
News Power, Trial by Media (TBM), and Institutional Failure
Key Concepts
Trial by Media (TBM):
Definition: Trial by Media (TBM) is a form of populist justice in which individuals or institutions are judged in the court of public opinion, primarily through media channels, especially in the digital age.
Key Features:
Intermediatized court: The media becomes the "court," with audiences across the globe having access to and participation in the proceedings.
Global Participation: Anyone with an internet connection can contribute, from posting opinions to providing evidence.
Categories of Infraction:
Criminality: Allegations of criminal behavior (e.g., fraud, assault, corruption).
Immorality: Alleged breaches of societal moral standards (e.g., infidelity, unethical behavior).
Incompetence: Failures in fulfilling professional or public responsibilities (e.g., negligence, incompetence in leadership).
Emotional Public Reaction: The power of TBM lies in its ability to generate intense emotional responses from the public, which can influence cultural, political, and policy agendas.
Public Participation in TBM:
Active Participation: Audiences actively engage in the trial through:
Posting speculation, opinions, and judgments.
Sharing evidence, such as photographs or videos, of alleged criminal activities.
Contributing to a public judgment of guilt or innocence, which is often immediate and one-click.
Justice Reclaimed: TBM allows the public to reclaim aspects of justice from traditional courts, creating a networked citizenry involved in determining guilt or innocence.
Presumption of Guilt:
TBM typically operates on the principle of presumed guilt rather than innocence.
In contrast to the legal system, which presumes innocence until proven guilty, media trials often assume the guilt of individuals and institutions and then seek evidence to reinforce this assumption.
Evidence in TBM: The evidence used in TBM can range from admissible legal evidence to conjecture, hearsay, and insinuation.
Risks of Denial: Those who deny accusations or attempt to fight back (through public statements or legal means) risk intensified scrutiny, which may further cement the public’s perception of guilt.
Naming and Shaming in TBM:
Naming and Shaming: A central element of TBM, where individuals or institutions are publicly labeled as wrongdoers. This often leads to:
Reputational damage: TBM has the power to transform public identities, leading to long-lasting damage to the reputations of the accused.
Criminal Prosecution: In some cases, media campaigns can lead to legal proceedings, although these may not always follow the proper legal channels.
Institutional Change: TBM can instigate regulatory reforms or lead to the transformation of institutional practices.
Collective Memory: TBM contributes to the reconfiguration of public memory, often turning a scandal or failure into a significant historical moment.
Role of TBM in Institutional Failure:
Criminal Justice Intervention: TBM has played an increasingly prominent role in shaping criminal justice outcomes by focusing on institutional failures. This development can be traced to the 1990s, when UK newspapers began adopting a more activist approach in response to growing public dissatisfaction with the criminal justice system.
Activist Role of Newspapers: Newspapers moved beyond traditional agenda-setting roles to advocacy and activism, demanding government action in response to institutional failures.
Investigative Journalism: Media investigations uncovered and publicized a variety of failures in the criminal justice system, pushing the government to take action or face public scrutiny.
Five Exemplars of Institutional Failure in TBM:
The development of TBM through victim-centered campaigns focused on exposing various forms of institutional failure. Here are five key areas where TBM played a role:
Failure to Convict the Innocent:
Case Example: TBM has been used to highlight instances where innocent individuals were wrongly convicted, often through media campaigns that uncover new evidence or expose flaws in the legal process.
Impact: These campaigns can lead to overturned convictions or public apologies.
Failure to Convict the Guilty:
Case Example: Media outlets have focused on instances where guilty individuals were not convicted due to weaknesses in the criminal justice system, such as mishandling of evidence or legal technicalities.
Impact: These cases often prompt calls for a retrial or other forms of legal accountability.
Failure to Protect Children from Paedophiles:
Case Example: TBM has been used to expose institutional negligence in protecting children from sexual abuse, particularly by public figures or institutions (e.g., schools, care homes).
Impact: Public outrage has sometimes led to legal action, reforms in child protection laws, or the resignation of key figures in the affected institutions.
Failure to Find Missing Children:
Case Example: High-profile cases of missing children, such as the disappearance of Madeleine McCann, have been the subject of TBM, with the media pressuring authorities to act or revealing new leads.
Impact: These campaigns have raised awareness about missing children and can sometimes prompt renewed investigation or legal measures.
Failure to Provide Competent Criminal Justice Leadership:
Case Example: TBM has targeted police forces and government officials for incompetence in handling criminal justice matters, such as bungling investigations or failing to take decisive action.
Impact: These campaigns may result in resignations, the introduction of new leadership, or the reform of criminal justice practices.
Impact of TBM on News Power:
Reenergizing Investigative Journalism: The rise of TBM in the 1990s marked a significant shift in how newspapers approached investigative journalism. Media outlets became more active in shaping public opinion and pushing for change, rather than simply reporting the news.
Market Distinction: Newspapers sought to establish market distinction by showing their sense of power and responsibility to the public.
Public Interest: Newspapers began claiming to represent the public interest more explicitly, positioning themselves as agents of change rather than mere reporters.
Business Model of Exposure: TBM became part of an evolving business model for media corporations, where the exposure of institutional failure became a key strategy. This business model allowed newspapers to:
Generate significant public engagement.
Test the legal limits of reporting, especially regarding defamation and privacy laws.
Appeal to a consumer base that increasingly valued investigative reporting and social activism.
Conclusion:
TBM as a Justice Mechanism: Trial by Media redefines justice by bypassing formal legal systems, turning the media into both judge and jury. It fosters public engagement and can force legal action, but it also challenges the principles of due process by operating on a presumption of guilt and relying on public opinion.
Institutional Power and Media Influence: The growing use of TBM by newspapers demonstrates how media power is expanding, not just in shaping public opinion but in driving legal and political outcomes. The fusion of investigative journalism and public activism is reshaping how justice is pursued and how institutions are held accountable.
Institutional Failure through Convicting the Innocent
1. Overview of Institutional Failure and Trial by Media (TBM):
TBM represents a populist form of justice where individuals and institutions are judged in the "court of public opinion" through media channels.
It's a mechanism where media campaigns focus on systemic failures within the justice system, like wrongful convictions, inadequate prosecutions, or institutional corruption.
Wrongful convictions are a key focus, particularly those of individuals wrongly convicted of high-profile murders, which result in widespread public campaigns seeking justice.
Convicting the Innocent: Cases and Impacts
2. Historical Background:
In the aftermath of wrongful convictions like the Guildford Four and Birmingham Six, some liberal newspapers, especially those with a focus on justice, initiated campaigns for people wrongfully imprisoned (Greer & McLaughlin, 2014).
Campaign Structure: These campaigns focused on challenging the competence and integrity of the criminal justice system, which was seen as not just ineffective, but institutionally corrupt.
3. Case Studies of Wrongful Convictions:
Bridgewater Three (1997): Wrongfully convicted individuals had their cases overturned.
Derek Bentley (1998): His conviction was overturned after decades.
Stephen Downing (2002): His wrongful conviction was also rectified.
Impact on Public Confidence: These campaigns undermined public trust in the justice system by highlighting systemic failures that allowed innocent people to be wrongly convicted, thus indicating that the real perpetrators remained free.
4. Campaign Challenges and Obstacles:
Difficulties in Generating Sympathy: Campaigns targeting wrongful convictions of individuals involved in high-profile murders often faced public skepticism, as the accused were seen as perpetrators of heinous crimes.
Emphasis on Victim Families: These campaigns often featured the families of the wrongfully convicted individuals, highlighting their struggles, as a means of building sympathy and pressuring for justice.
Institutional Failure to Convict the Guilty
1. Case of Stephen Lawrence (1997):
Context: Stephen Lawrence, a young Black Londoner, was murdered in a racially motivated attack in 1993. Despite clear evidence, no one was convicted for his murder.
Trial by Media Campaign: The Daily Mail launched an aggressive campaign, accusing five suspects of the murder on the front page (February 1997) with the headline, “MURDERERS: The Mail accuses these men of killing. If we are wrong, let them sue us.”
Legal Consequences: The newspaper was in contempt of court but faced no legal repercussions, escalating the power of media-driven justice.
Macpherson Inquiry (1999): This inquiry found that the Metropolitan Police was "institutionally racist" and criticized its failure to properly investigate the case, thus showing the failure of institutional processes to bring justice.
2. Impact of Media Campaigns:
Public Outcry: These campaigns contributed to public outrage over systemic failures, galvanizing calls for reform in the criminal justice system.
Institutional Reform: The Macpherson Inquiry led to the recognition of institutional racism in the police, demonstrating the potential of trial by media to influence public opinion and trigger policy change.
Institutional Failure to Protect Children from Paedophiles
1. Sarah Payne Case (2000):
Background: Eight-year-old Sarah Payne disappeared in July 2000 and was later confirmed to be abducted and murdered by convicted paedophile Roy Whiting.
Failure of the Criminal Justice System:
Whiting’s Background: Whiting had previous convictions and had been granted early release from prison, despite his violent history.
Media Campaign ("For Sarah"):
News of the World launched a campaign demanding Sarah’s Law (a law that would allow parents to know if convicted paedophiles lived in their communities).
The campaign used a naming and shaming strategy, publishing the names and photographs of 82 alleged paedophiles.
Public Backlash: The campaign was criticized for inciting public hysteria and wrongly accusing individuals who had not been convicted of any crime.
Outcome:
Sarah's Law: Although controversial, the campaign eventually resulted in the introduction of Sarah’s Law in 2011, allowing public access to paedophile information in England and Wales.
Public Recognition: The Payne family, especially Sarah’s mother, Sara Payne, became powerful advocates for child protection laws and earned public recognition.
2. Campaign Strategy Components:
Ideal Victim: Sarah Payne was an ideal victim for the campaign due to her tragic and high-profile murder.
Media Influence: The campaign used the media to pressure lawmakers, framing Sarah’s death as the result of institutional negligence that had failed to protect children from dangerous offenders.
Public Sympathy: Sara Payne became a prominent figure in the campaign, representing the victim's family and effectively shaping public opinion on paedophile safety laws.
Institutional Failure to Find Missing Children
1. Madeleine McCann (2007):
Background: Three-year-old Madeleine McCann disappeared from her family’s holiday apartment in Praia da Luz, Portugal.
Media Frenzy: The case became one of the most widely reported missing person cases globally, driven by the media’s intense coverage.
Family Engagement: Kate and Gerry McCann, Madeleine’s parents, played an active role in managing the media narrative, ensuring the case stayed in the public eye.
Media Manipulation: As the investigation stalled, UK newspapers published speculative, unfounded reports, insinuating the McCanns’ involvement in their daughter's disappearance.
Trial by Media: These false claims led to public vilification of the McCanns, contributing to their emotional distress. They pursued legal action, receiving apologies and financial compensation from media outlets.
Impact on Journalism: The case exposed how UK newspapers, particularly tabloid media, exploited the McCann’s tragic situation. It contributed to the Leveson Inquiry which sought to address press misconduct and protect individuals from media exploitation.
Institutional Failure to Provide Competent Criminal Justice Leadership
1. Sir Ian Blair's Tenure as Police Commissioner (2005-2008):
Background: Sir Ian Blair was the first Metropolitan Police Commissioner to face intense media scrutiny due to the growing influence of tabloid and digital media.
Controversial Statements:
Blair faced backlash after commenting that the news media was “institutionally racist” and questioned the level of media attention given to the murder of two white girls (Holly Wells and Jessica Chapman).
Media Attack: Blair was relentlessly attacked by the press for these remarks, which escalated into a broader campaign questioning his leadership.
Resignation: After three years of sustained media pressure, Blair resigned in 2008, marking the first time since 1888 that a Metropolitan Police Commissioner resigned under such circumstances.
Impact on Policing: His resignation set a precedent for future police-media relations and highlighted how media campaigns could influence the careers and reputations of high-ranking officials.
Conclusion:
The study of institutional failure, as illustrated through wrongful convictions, failure to convict the guilty, and issues surrounding child protection, reveals the powerful and often disruptive role of the media. Trial by media (TBM) campaigns can both reveal failures and lead to real-world consequences, from policy changes to the reputational destruction of individuals and institutions. However, these campaigns also raise ethical concerns about media manipulation, the presumption of guilt, and the undermining of the formal justice system.
News Power, Scandal Hunting, and Media Justice
1. Introduction to News Power and Media Influence
Trial by Media (TBM): TBM refers to the media’s ability to influence public opinion and legal outcomes by sensationalizing or manipulating coverage of a case or issue.
Role of Newspaper Corporations: UK newspapers continue to evolve in how they leverage the power of the media to uncover and magnify scandals. They learn from both their missteps (like phone hacking scandals) and successes to refine their practices.
The Leveson Inquiry: An investigation into unethical practices by journalists, such as phone hacking, led to legal reforms that curtailed some of these tactics and resulted in the closure of the News of the World (2011). This scandal reshaped UK journalism.
2. The Evolution of Scandal Hunting
From Individual to Institutional Scandals: Historically, scandal hunting focused on individuals, but with the rise of digital platforms and a more interactive, adversarial media environment, the scope has broadened to include systemic and institutional scandals.
Three Core Elements of Scandal: Scandals often revolve around accusations of criminality, immorality, and incompetence. These types of infractions can significantly damage the reputation of those involved, particularly high-profile public figures or institutions.
3. Phases of Scandal Development
Phases of Scandal (Greer and McLaughlin 2016): Scandals typically progress through a set of phases:
Hunting: Actively seeking out scandalous behavior, often through investigative journalism.
Latency: The period before the scandal is revealed publicly.
Activation: The moment when a scandal is exposed to the public.
Reaction: Public and institutional response to the scandal.
Amplification: The escalation of the scandal as more details emerge.
Accountability: Attempts to hold individuals or institutions accountable for the scandal.
4. Scandal Hunting Practices
Techniques of Scandal Hunting:
Sting Operations: Journalists conduct covert operations to catch public figures in illicit acts.
Investigative Rumors: Uncovering or investigating rumors that might expose new scandals.
Whistleblowers and Public Involvement: Encouraging the public to reveal sensitive or scandalous information.
Intermediatized Scandals: Once a scandal breaks, it is shared and discussed across multiple digital platforms, influenced by the ideological positions of different media outlets.
5. Political Nature of Scandal Hunting
Scandal hunting is not only commercially driven but is inherently political, targeting powerful individuals or institutions. Major scandals often involve political figures, government bodies, or corporate institutions.
Notable Examples of Scandals:
The Politicians' Expenses Scandal (2009): Exposed widespread misuse of public funds by UK politicians.
WikiLeaks (2010): A massive leak of classified US government documents, revealing sensitive national security information.
Phone-Hacking Scandal (2011): Led to the closure of News of the World, criminal prosecutions, and civil settlements.
Edward Snowden’s NSA Leak (2013): Exposed mass surveillance programs.
Panama Papers (2016): Revealed offshore tax avoidance by wealthy and powerful figures.
Institutional Sports Scandals (2016): Investigations into corruption in sports governing bodies.
UK Football Abuse Scandal (2016): Investigations into sexual abuse within football clubs.
6. The Case of Sir Jimmy Savile
Savile's Reputation and Fall: Jimmy Savile was a well-known BBC celebrity and philanthropist, whose posthumous exposure as a serial sexual predator became a landmark case in UK scandal history.
The Documentary and Revelations: In 2012, a documentary exposed Savile’s long history of sexual abuse, which led to his downfall.
Amplification of the Scandal:
The BBC’s initial denial of knowledge or responsibility exacerbated the scandal, implicating the institution in covering up Savile’s actions.
The scandal expanded beyond Savile to include other high-profile figures in the entertainment and political spheres, resulting in public shaming and legal consequences.
The scandal prompted increased reporting of child sexual abuse cases across the UK, leading to the establishment of the Independent Inquiry into Child Sexual Abuse (IICSA) in 2015.
7. The Role of Public Inquiries and Media Involvement
The IICSA: The IICSA was set up to investigate how institutions failed to protect children from abuse. It has been a highly intermediatized process, where media coverage and social media discussions have scrutinized every step.
Resignations of Inquiry Chairs: The first three chairs of the IICSA resigned due to media scrutiny, which highlights the power of trial by media even in official inquiries.
Impact of Media on Public Inquiries: In the current media environment, even public inquiries, which are meant to investigate issues impartially, are not immune to the influence of trial by media. They can become part of the scandal they were set up to manage.
8. Conclusion: The Ongoing Risk of Trial by Media
Trial by media remains a potent force that can shape public opinion, affect reputations, and influence legal outcomes. Scandal hunting, though increasingly political and institutional in nature, continues to be a defining feature of modern media practices, especially in the digital era.
The “Savile Effect” has shown the power of the media to not only expose individual wrongdoings but to amplify institutional failures and shape national conversations around issues like child protection and institutional accountability.
Conclusion
1. Overview of Transformation in News Power
Crime and Newsworthiness: Crime continues to be a highly newsworthy topic because it taps into deep emotional responses like fear, anger, and fascination. This emotional engagement makes crime a profitable news category.
Ongoing Criminological Research: Criminologists will keep exploring how crime news is selectively produced, and the emotional social reactions it generates. This includes examining when and how crime news contributes to the creation of moral panics, which occur when public concern over crime escalates out of proportion to actual risk.
2. The Changing Nature of Crime News
Shift in News Production: The ways crime stories are selected and presented have changed significantly due to the digitalization and tabloidization of news media. This transformation has resulted in an under-researched and under-conceptualized reconstitution of contemporary news power.
Broader Context for Criminological Studies: To understand the impact of media on crime and justice, criminology must go beyond traditional taxonomies and consider how news power has evolved in the digital age, especially the shift from print media to online platforms.
3. News Media as a Site for Justice
Re-definition of Justice: Historically, the media has been a platform where justice is seen to be done. In the current landscape, UK newspaper corporations are redefining what justice is, and how it should be achieved, often in ways that challenge traditional criminal justice mechanisms.
Victim-Centered Campaigns: These campaigns focus on exposing failures in the criminal justice system, particularly around issues of public protection. They often point to systemic issues within institutions and highlight the perceived inefficiency or failure of the formal justice process.
4. Rise of Media Justice
Media Justice as a Parallel System: As trust in the effectiveness of the criminal justice system declines, trial by media has emerged as a prominent alternative form of justice. Media justice is often seen as:
More visible
More immediately impactful
Easier to understand for the public
Creating Justice Through Media: Digital news platforms have become spaces for debates, campaigns, and participatory justice processes, where individuals and institutions can be named, shamed, and judged by the public. Media justice operates outside of formal legal systems but still exerts significant influence on reputations and outcomes.
5. Media Justice vs. Traditional Justice
Circumventing Due Process: While the criminal justice system has the formal power to prosecute and sentence offenders, media corporations often act before formal legal proceedings are complete. They may preemptively judge individuals or institutions and administer their own form of retribution by exposing perceived guilt and destroying reputations.
Extra-Judicial Punishment: This form of punishment is "extra-judicial," meaning it happens outside the legal system. The punishment primarily consists of reputational harm, with the media acting as judge, jury, and executioner.
6. Key Mechanisms of Media Justice
Trial by Media: The core mechanism of media justice involves public exposure and condemnation through news coverage. It is a process of trial without legal safeguards, where the media plays a significant role in determining public guilt or innocence.
Scandal Hunting: The practice of scandal hunting involves actively searching for, exposing, and amplifying scandalous behavior by public figures or institutions. The aim is to generate moral outrage and maximize exposure, which drives the news cycle and financial profits.
Phases of Scandal:
Hunting: Actively seeking out scandalous information.
Activation: The moment the scandal is publicly exposed.
Amplification: The scandal grows as more details emerge, intensifying public outrage.
7. The Business Model Behind Media Justice
Maximizing Exposure and Outrage: Scandal hunting, activation, and amplification create a business model that all UK newspaper corporations now adopt. This model thrives on maximum exposure and maximum moral outrage to capture public attention and generate profit.
Media’s Role in Governance: By engaging in scandal hunting, media corporations not only shape public opinion but also influence the functioning of the state and governance. They effectively reconfigure power relations between the press, public, and criminal justice system.
8. Complications for Governance
Impact on the Criminal Justice System: Media justice complicates the state's ability to govern effectively. By continuously exposing and amplifying scandals, the media can create a crisis of legitimacy for the institutions responsible for justice, undermining the public's confidence in the system's ability to manage crime and punishment.
A Networked Citizenry: As digital media allows for broader participation in scandal hunting and moral judgment, the public becomes more involved in the justice process, often bypassing or overshadowing formal legal procedures.
9. Conclusion: The Emergence of a New Justice Paradigm
The chapter concludes by highlighting that trial by media and media justice have become central features of how crime, justice, and governance are framed in contemporary society.
As news power continues to evolve in response to digitalization and changing public expectations, media justice is increasingly challenging the traditional criminal justice system’s ability to control narratives, apply justice, and maintain authority over criminal matters.
Media justice is not just about reporting crime but actively shaping how society responds to it. In this new paradigm, media corporations have immense influence, not only in presenting information but in creating and enforcing a public version of justice.
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