進行中刑事案件之新聞報導的應然與界限

The “Ought-to-be” and Limitation of Media's News Report upon Sub Judice Criminal Cases

基於言論與新聞自由以及人民之知的權利，媒體對於犯罪問題有報導的責任，同時就新聞媒體的社會公器本質，本就應該儘量求真。至於對進行中的刑事案件之報導，則尚需考慮到被告的公平審判權益以及被害人的隱私與名譽等。因此若無任何界限，聽任媒體恣意為之，傳遞失真訊息，造成輿論公審，或無端評論與干預案件進行，有礙於司法公信，反而產生更大的問題與不良影響。為對應這個問題，刑事制度上設有偵查不公開規定，還有法律專業倫理，然而是否需要更進一步，來劃定新聞報導的界限，透過新聞自律，併他律的機制，甚至制定各種藐視法庭罪，近來成為一個重要的議題。本文希望對這個議題進行爬梳，並參考各國法制，提供給我國對於進行中刑事案件新聞報導之應然與界限，一個解決方案與未來改善的建議。

Based on the Constitutional freedom of speech and press as well as people's right to know, media have the responsibility to report problems of crime. At the same time, according to its public institution role in modern society, the content of report should be as true as possible accordingly. Regarding to sub judice cases, it seems that the media's news reports need much more considerations. These are the concerns of not only the criminals' fair trial but also the victims' privacy and reputation. If there are no restriction at all, the media can have unlimited and random report and transfer information no matter true or false. More problems might cause and the media loses its neutral role in modern society. It leads to trial by public or media and the defendant loses his right of fair trial. Besides, if the media is allowed to criticize the judiciary arbitrarily, the consequence of distrust of judiciary may be caused as well. No more disastrous situation is worse than it. In order to deal with above potential problems, in addition to the self-control of media, the secret principle of investigation and some legal professionals' ethic are set up to prevent it. Recently, more problems have been caused and these have become hot issues in Judicial Reform council of 2017. However, more measures and actions are required to draw the limitation on criminal report on sub judice cases. They include the coordination of not only media's inner self-discipline, but also the outer institution such as press council to supervise. Even crimes of contempt of court to punish media are suggested. In this article, the author desires to deliberate these problems and their present. And referring to other country's experience, the author tries to provide a reasonable resolution and suggestion about criminal report by media, which can both set up the limitation and protect the freedom of press.