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电视媒体对侦查阶段的未决刑事案件进行报道,在行使社会监督职能的同时,也满足了公众的知情权。然而,如果报道失当,甚至让犯罪嫌疑人在电视上认罪或指认他人犯罪,则会妨碍公正司法,削弱司法权威,进而对嫌疑人的隐私和人格尊严构成挑战。为电视报道设定一个宪法性的分析框架,有助于探寻和明确报道的合理边界,并在此基础上逐步形成一套准则,以确保电视媒体在报道未决刑事案件时,能够在新闻自由、司法公正和个人权利之间维系动态的平衡。应进一步规范电视媒体的喉舌功能,阻却电视媒体和侦查机关之间关系的异化,扩张无罪推定原则的适用,保护当事人隐私和人格尊严。允许受侵害的当事人依照一般人格权条款请求私法救济,并通过建立侦查机关新闻发言人制度,强化媒体自律和相关机构的职业伦理,不断完善电视报道的公正性和适当性。
The television media covered the pending criminal cases during the investigation stage and fulfilled the public’s right to information while exercising social supervision functions. However, if the reports are not properly made, even allowing the suspects to plead guilty or denouncing crimes on television would hinder fair judicature and weaken the judicial authority, thus posing a challenge to the suspects’ privacy and personal dignity. The establishment of a constitutional analytical framework for television coverage will help to explore and clarify the reasonable boundaries of coverage and on the basis of which a set of guidelines has been gradually formed to ensure that the television media, when reporting on outstanding criminal cases, , Judicial balance and individual rights maintain a dynamic balance between. The functions of the mouthpiece of the television media should be further regulated, the alienation of the relations between the television media and the investigative authorities should be stopped, the application of the principle of the presumption of innocence extended, and the privacy and personal dignity of the parties protected. The affected parties are allowed to petition for private law remedies in accordance with the provisions of the general personality rights. And by establishing a spokesman system for investigating authorities, media self-regulation and professional ethics of relevant agencies should be strengthened so as to continuously improve the fairness and appropriateness of television coverage.