Judges could be influenced by media

Mustafa Alertaoa, a prosecutor in Rummani in Morocco, said that the mass media has varied significantly due to technological development, adding that various types of media including television, radio and social networks such as Facebook and Twitter tackle different social issues, notably trials.

He stressed in a statement to Morocco Today that the media raises controversy when it lacks neutrality, impartiality and professionalism, as it considers suspect as guilty and may turn normal accident into a public opinion case, which influence judges and affect their impartiality, adding that judges are obligated to neutrality and independence.

Alertaoa highlighted that judges are human beings, and their feelings can be influenced by the media, pointing out that the media should not violate a general principle “the presumption of innocence,” that one is considered innocent unless proven guilty.

He cited judicial systems that rely on jury, not only the judge, such as the USA. For juries to fulfill their role to analyze the facts of the case, there are strict rules about their use of information during the trial. Juries are often instructed to avoid learning about the case from any source other than the trial (such as from media or Internet accounts) and not to attempt to conduct their own investigations (such as independently visiting a crime scene). Parties, lawyers, and witnesses are not allowed to speak with a member of the jury.

Alertaoa said that the Moroccan Constitution recognized the impact of media on judges in the recent period, as it stipulated that “those who try to influence the judge illegally shall be subject to penalty.” He added it become necessary in light of information development to create coordination between the judiciary and media organizations, in order to maintain the rule of law and protect the rights of individuals and society.