Television courtroom broadcasting : a normative analysis of the legal-policy issues, challenges and opportunities regarding TCB effects-research

Abstract

There has been a lot of popular opinion based discussion in relation to TCB issues. Frequently the arguments propose that there will/will not be particular effects. Yet TCB needs a ‘proper, evidence-based assessment’ according to Lord Thomas, the Lord Chief Justice of England and Wales, to move beyond popular unsubstantiated opinions. The thesis focuses on TCB effects-research, effects issues, the adequacy of available effects research and makes suggestions for normative TCB effects-research. The thesis seeks to contribute to determining what counts as relevant ‘evidence’ for this purpose, and also how researchers should go about seeking it. For example, the TCB distraction-effects arguments, namely, the concern that TCB cameras and or TCB cameras plus camera operators, will distract some of the courtroom participants. This concern was highlighted by the US Supreme Court. The thesis will suggest that eye-tracking research can advance our level of knowledge and assessment of the TCB distraction-effects. Advancing on this, the thesis will undertake an actual demonstration of eye-tracking in a real courtroom. The assessment, proposals and in-court proof-of-concept demonstration of TCB related eye-tracking is new. This can also lead to wider TCB effects research. The thesis will refer to the debate and some of the issues arising in this jurisdiction. The case of a lay litigant applying to have his defamation case broadcast via TCB will be considered. In addition, the thesis will replicate judicial TCB attitudinal research in Ireland. The thesis will also undertake the first representative public TCB attitudes survey in Ireland. It will be a beneficial baseline. In addition, the thesis undertakes an international survey in relation to the prevalence of TCB in over thirty jurisdictions.