Lois & Clark Forums Forums Fan Fiction Fanfic Related FFQ: Laws, Privacy, and the Media

I was just wondering about if there were any laws regarding the disclosure of a victim's name in newspapers and newscasts. (By 'victim' I'm referring to a victim of assault or rape. And I am NOT referring to a minor--as the rules are different for minors, I believe.)

I am pretty sure they are allowed to disclose the name of a person who has died. ie, "Jane Doe was murdered."

But if the person is a survivor, does the news withhold the name to protect the person's privacy? What would they disclose? Would it be something like, "A 61-year old African-American woman was assaulted; she is in critical condition."

In other words, how much information about the person can the news divulge if they are a survivor?

Thanks! --Wanda

From today's paper:

They don't give either the assailant's (who has not yet been arrested) or the victim's name.

He has been arrested and they give his name. They do not give the name of the victim.

Hope that helps.

Not much after a certain amount of time the news loses interest when they find bigger and better things to talk about so after awhile the public loses interest too.

It probably depends on the situation. After the fire, the St. Paul newspaper printed my name without asking me, although I never said anything to them. I assume they got it from the police report. The Mpls. paper didn't identify me, just said there was a survivor. I was living in a suburb of St. Paul at the time, so it makes sense that they would have a more detailed story. It was only a two-day story in the St. Paul paper and the Mpls. paper didn't even do a followup. I'm glad it didn't get any more press than that.

As far as I know, there are no laws in any state prohibiting the media from disclosing the name of a victim of any crime. However, there are laws prohibiting police from giving certain information to the press - including the names of victims of certain crimes who ask to file a closed complaint. (If the report is closed - or sealed, as it is sometimes called - police are prohibited from releasing almost any information about the alleged crime. This is very often how rape charges - especially acquaintance rape - are made.) In theory, if a journalist can get that information from somewhere other than the cops (or if the cops slip up and release it), they can print it.

However, nearly every paper has guidelines for their own publications laid out in a code of ethics. Most are worded generally, much like the guideline in the Minimize Harm section of the official code of ethics for the Society of Professional Journalists . : "Journalists should use caution when identifying juvenile victims or victims of sex crimes." ( The entire code of ethics can be found here . )

What that means in practice, is that no reputable paper will print the name of a victim of a violent/sexual crime without their consent unless there is a very important reason for them to do so. This is done to protect the victim not only from the publicity but also from potential retaliation from the perpetrator. Journalists are careful not only to hide the name, but also any identifying details of the victim (approximate address, community affiliations, place of employment, etc) that could easily be used to single out the victim.

Sometimes, the victim or the victim's family will relinquish this right and speak out, giving up their right to privacy in exchange for the ability to ask for public support or justice.

Annie (you only thought I'd disappeared into lurkerdom. <G>)