The principle of open justice – the presumption that justice is administered in public and that everything said in court is reportable – has never been more important than it is today.
Technology has supercharged the spread of mis and dis information enabling falsehoods to reach hundreds of thousands of people within seconds.
Campaigners, activists and bad actors with huge followings can now construct and amplify false narratives around public events, reinforcing prejudice and stoking division.
Last year's Southport riots were a lightning rod for this trend, with social media misinformation directly linked to the violence and disorder.
Since those events, the government has repeatedly acknowledged the critical role of the media in quickly putting accurate information into the public domain and, subsequently, in showing justice being done.
In November, then justice minister Heidi Alexander MP noted that, as the criminal justice system came under enormous scrutiny, it was vital for the public to see the consequences of criminal behaviour.
We all hope the prime minister’s concerns about further riots this summer do not materialise. But if they do, the media will once again play a vital role in upholding public understanding and calm.
Local court reporters — often overlooked in broader justice policy — are key agents of open justice. Their daily presence in Crown and magistrates’ courts ensures that communities across the UK can see justice being done.
A recent study by University of Salford journalism trainer Richard Jones found that local publishers continue to prioritise court reporting, with significant volumes of coverage from criminal courts.
Without this transparency, confidence in our judicial system – already strained by long-standing systemic challenges — would quickly unravel. As Sir Brian Leveson highlighted in his recent review, transparency is a necessary condition for a justice system that is fair, accessible and effective.
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Speaking to the London Solicitors Litigation Association in July, Mrs Justice Cockerill, a member of the Transparency and Open Justice Board, said that 'A good justice system — and public understanding that justice is available — is a key anchor for a stable state.' She rightly singled out the press as a central agent in upholding open justice by informing the public about proceedings and decisions.
The investigation into Nicola Bulley’s disappearance in 2023 exposed the costs of communication breakdowns between the police and the media. It reignited questions about how criminal justice bodies engage with journalists — and with the public, by extension.
At the News Media Association, we have engaged extensively in this work and are encouraged by the growing consensus around the importance of open justice in in a climate of public distrust and democratic volatility.
We have secured several significant reforms. Change to Criminal Procedure Rules will expressly require, as of October, proper notification to journalists when courts are asked to impose discretionary reporting restrictions — a clarification that promotes both transparency and efficiency.
The extension of the family court reporting pilot to all family courts in England and Wales was another step forward, enhancing public insight into complexities of the system and the factors influencing court decisions.
In the criminal courts, sentencing remarks have been made available for broadcast since July 2022, offering the public greater understanding of how justice is administered in high profile cases.
These gains reflect effective collaboration between the media, courts, and judiciary — and they are worth defending.
But there is more to do.
Local journalists report difficulties engaging with police press offices, citing limited responsiveness, restricted access outside working hours, and reluctance to provide even basic guidance.
In the courts, staff are generally helpful, but longstanding problems persist: inconsistent access court documents and insufficient detail in courts lists continue to hinder meaningful coverage.
A gap between national policy and practice on the ground undermines efforts to ensure that transparency is consistently applied across the justice system.
Perhaps the most concerning development, however, is the home secretary’s proposal to introduce a legal presumption of anonymity for firearms officers charged with misuse of lethal force in the course of their duties. If enacted, this would reverse the current presumption in favour of naming defendants — particularly troubling in cases involving public officials accused of misconduct in the course of their duties. These are precisely the circumstances where open justice demands the fullest public scrutiny.
The provision, tabled as part of the Crime and Policing Bill, risks cloaking serious proceedings in secrecy and setting a dangerous precedent for future limitations on media reporting. The bill is not yet law. It will return to the House of Lords for further scrutiny after the summer recess, and we hope peers will reject this regressive measure.
As the world becomes more uncertain, the role of open justice as a stabilising force has never been clearer.
We have made important progress - but we must continue working to ensure transparency is not only preserved, but embedded across our justice system for the future.
In the media, we stand ready to play our part.
Sayra Tekin is director of legal at the News Media Association
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