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Pistorius trial to set broadcasting precedent

Bonnie Tubbs
By Bonnie Tubbs, ITWeb telecoms editor.
Johannesburg, 25 Feb 2014
Murder accused athletics star Oscar Pistorius has set up a Twitter account to present his side of the story during his upcoming trial.
Murder accused athletics star Oscar Pistorius has set up a Twitter account to present his side of the story during his upcoming trial.

A decision by the North Gauteng High Court today that murder-accused Oscar Pistorius' trial may be unobtrusively broadcast sets a significant precedent for SA, and the world at large.

This is according to independent broadcasting researcher Kate Skinner, responding to Judge Dunstan Mlambo's green light for an application by several media houses to film and broadcast live the high-profile trial.

News and commentary around the judge's decision - believed to represent a first for SA's broadcasting sector in terms of airing High Court proceedings to this extent - flooded Twitter just after noon today. Many Twitter members expressed satisfaction at the judge's decision.

Skinner says, in making his decision, the judge had to balance two critical elements: the free flow of information and protecting witnesses. "This is a very significant trial and it is always important that the two issues are taken into account. You want the general public to follow the trial and to get an understanding of the issues, but you have to balance this right to know and transparency with militating against anything that will intimidate the witnesses."

She believes Mlambo's decision is a creative compromise that will allow for transparency and justice, while ensuring witnesses are not inhibited or intimidated. "The decision sets a precedent that will be important for the broadcasting sector - especially for SA, but even internationally."

Ultimately, she says, justice must be done and the court has found a compromise that allows for this.

The judge ruled that only small, unmanned spy cameras will be permitted and these must be installed where they will not interfere with proceedings. No close-ups, flash photography or camera cables would be allowed in the courtroom.

The producer of MultiChoice's Oscar Pistorius channel, George Mazarakis, is reported to have said he was "thrilled" by the judge's decision, which he referred to as ground-breaking.

Trial lead-up

Pistorius stands accused of murdering his model girlfriend, Reeva Steenkamp, on Valentine's Day last year - an event that saw a social media storm, both as the news broke and in days to follow, when his bail hearing took place.

Last month, MultiChoice announced plans to introduce a 24-hour pop-up channel on DStv to cover what is set to be one of the biggest trials this year for media in SA and globally. "The Oscar Pistorius Trial: A Carte Blanche Channel will feature round-the-clock coverage of the legal proceedings, as well as exclusive documentaries, profiles and in-depth expert analysis," SA's largest pay-TV company said.

Last week, reports told of how eNCA, MultiChoice and Eyewitness News submitted an application to the High Court to use unobtrusive high-definition cameras to feed a live broadcast of the trial to broadcasters. Pistorius and his defence argued the broadcasting of his trial could inhibit witnesses and lead to witness evidence being tailored.

Oscar Pistorius fact box leading up to the upcoming murder trial, courtesy of Reuters:

* Born on 22 November 1986, in Johannesburg.
* Born without fibulas, he has both legs amputated below the knees before turning one-year-old.
* After learning to walk on prosthetic legs, Pistorius becomes a sportsman in high school. He turns to sprint training in 2003 after suffering a serious knee injury playing rugby.
* Running on carbon fibre prosthetic blades, earning him the nickname "Blade Runner", Pistorius becomes a Paralympic gold medallist over 200m in Athens in 2004.
* In January 2008, he is banned from running against able-bodied athletes by the sport's governing body, the IAAF, which deems his blades provide an unfair advantage. Four months later, the Court for Arbitration for Sport rules he is eligible to compete in IAAF-sanctioned events. Caps year by winning three golds at the Paralympics in Beijing.
* Selected for SA's London Games team and in August 2012 becomes the first double amputee to compete on the track at an Olympic Games, finishing second in his men's 400m heat, but fails to make the final. He also anchors the relay team to eighth place in the London final.
* Carries the flag for SA at the opening ceremony of the London Paralympic Games and wins two gold medals.
* Arrested and charged with murder after firing four shots at his girlfriend Reeva Steenkamp through a locked bathroom door at his Pretoria home on 14 February, 2013.
* Released on bail later in February.
* Faces a trial on murder and weapons charges which will run from 3 to 23 March.

The Pistorius trial has been compared to that of American football star OJ Simpson's internationally televised murder trial.

The presiding judge in Simpson's court case, Los Angeles Superior Court Judge Lance Ito, was also at the time faced with a decision on whether to allow live coverage of the high-profile murder trial. He ultimately allowed live coverage - a decision that elicited widespread criticism from commentators who felt it was being turned into a soap-opera spectacle.

Simpson's trial began in June 1994 and concluded in October 1995 with a verdict of not guilty.

Online action

Now, SA's own "fallen" sports star will face both the North Gauteng High Court in Pretoria and the court of public opinion in cyber space - with the added viewer access from SA's airwaves - on Monday, when his murder trial kicks off.

But industry observers note a lot has changed since 1994 and, whether Pistorius' trial was going to be aired, social media platforms - specifically microblogging site Twitter - have made it possible for interested individuals to follow proceedings, through authoritative sources, in almost as much detail.

As the days narrow down to the trial the media has been waiting for, the Blade Runner's media management team has decided to itself leverage the online hype by creating its own Twitter account, @OscarHardTruth, which it says will be a platform from which facts can be shared. The profile states: "Truth Shall Prevail. Innocent until Proven Guilty."

At barely two days old, the new Oscar Pistorius trial Twitter account went from 16 900 followers at 7am this morning, to 18 400 followers by 10am, and 19 200 just after 12pm, after the judge's decision went viral. #OscarMedia also started trending on Twitter around the same time.

Yesterday, Pistorius tweeted from his own verified account: "For the truths behind the Trial, Follow @OscarHardTruth. They will uncover the truth, the trial and those involved. #oscarhardtruth"

His family, meanwhile, is using Pistorius' Web site as another online platform to reach media and share news globally during the trial. "Following the tragic event and the enormous global interest, the family of Oscar Pistorius has taken the decision to devote his official Web site to the latest news about developments, as well as messages of support."

The family says the Web site will provide the opportunity for the media to submit enquiries or requests, noting "for understandable legal reasons it may not always be possible to respond or comment".

Twitter reach

According to Statistic Brain Research Institute, there were over 645 million active registered Twitter users as of the beginning of this year.

After Pistorius' bail hearing (during which cameras were banned) last February, various media representatives saw their base of followers on the popular social network spike significantly.

Fuseware MD Mike Wronski says the rise of consumer journalism has changed the way news is consumed. "The way the Pistorius [bail hearing] unfolded on social media is indicative of just how much society has changed the way it communicates and accesses information.

"This real-time, always-on connection to current events represents a tremendous difference to media consumption that wasn't even around a decade ago."

Tech analyst Liron Segev, from TheTechieGuy.com, says Twitter has become a mainstream information source. "Celebs are Tweeting, news [reporters and commentators] are tweeting - and Twitter has become part of daily online activity."

In addition to Twitter being a growing source of quick online information, Segev notes the rise of smartphones is putting the platform in increasingly more hands.

Pistorius' name was one of the top trends for 2013, according to Google's annual Year-End Zeitgeist - coming in second only to SA icon and former president, the late Nelson Mandela.

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