The Legal Problem on the Presentation of Crime in the mass Media Concerning Human Rights Violation in the Justice Process

Abstract

This research consists purposes were 1. to the background, concepts, theories, and principles related to the media's reporting of crime news in the case of human rights violations in the justice process 2. to legal measures related to the media's reporting of crime news in international, foreign countries and Thailand 3. to legal problems in controlling the media's reporting of crime news in the case of human rights violations in the justice process and 4. to suggesting guidelines for solving legal problems related to the media's reporting of crime news in the case of human rights violations in the justice process. This research is qualitative research using documentary research and analyzing and collecting data, concepts, principles, and theories related to the media's reporting of crime news in the case of human rights violations in the justice process, including related legal measures and then analyzed in terms of content analysis. The results of the study found that 1) The study of the background, concepts, theories, and principles related to the media's reporting of crime news showed the importance of reporting stories or events, including facts and opinions about interesting events, which affected legal problems regarding the media's reporting of crime news that violated human rights in the justice process 2) The main problem of this research is that it did not provide a definition of those with the right to complain, those complained of, and specific actions that could be complained of. This allowed those with the authority to consider or enforce such laws to use their discretion in interpreting the scope of those who were damaged, which affected the rights to receive compensation for those affected by such actions. It also did not specify the media's liability in cases where human rights were violated from reporting crime news 3) The analysis of the media's performance showed that in some cases, such freedom was used to encroach on the human rights of individuals. Affecting various rights of individuals, which are basic human rights that are guaranteed and protected without interference from the state or any individual and 4) Propose additional amendments to the Broadcasting and Television Business Act of 2008 regarding violations of human rights and degradation of human dignity as follows: (1) Specify actions prohibited from broadcasting under Section 37 (2) Add the right to file a complaint for those affected by the actions of media professionals or media organizations under Section 40; (3) Specify a form of compensation for damages under Section 40/1 (4) Specify administrative penalties in cases where media professionals and media organizations.