Media Strategy of the Prosecutor’s Office of the Republic of Bulgaria
Transparency and openness in the work of the Bulgarian Prosecutor’s Office are important factors which strengthen the institution, provide guarantee for predictable criminal justice and contribute to the stability of the judicial branch.
The effectiveness of prosecutorial function is dependant on public empathy and trust in the Prosecutor’s Office as an institution. Trust is reciprocal and requires mutual understanding, trust in the activities of state institutions, integrity and reliability of information. Therefore free media is a necessary intermediary between the Prosecutor’s Office and civil society.
I. Substantiation of the need for
general guidelines in the cooperation with the media
The Prosecutor’s Office is an institution, which along with other law enforcement bodies is charged with the responsibility to protect public interests.
Media, as the main source of information, which constantly follow activities of the different elements of the judicial system to a considerable extend influence the formation of public opinion. For this reason permanent and respectful interaction with all media would be conducive to the establishment of a positive public notion for the specific prosecutorial function. On the other hand, contemporary technologies allow swift dissemination of information; necessitate adequate response on behalf of the Prosecutor’s Office for timely, accurate and objective presentation of its activities.
Development of general guidelines is needed for the following reasons:
- the Prosecutor’s Office functions under considerable pressure with regard to the number and complexity of criminal cases
- prosecutors and administrators work professionally and make constant efforts for self-perfection and development (participation in training courses, seminars, conferences)
- those working in the system comprehend the need for “opening of the institutions”, focused work for improvement of the image of the Prosecutor’s Office, and broader public support.
The objective of the strategy is to address the public need for information, to regulate activities of administrative managers and speakers of Prosecutor’s Offices for the recognition of the Prosecutor’s Office as a stable, responsible, impartial, highly professional and respectable institution and to improve citizen’s knowledge in legal matters.
The goals of the strategy are, through provision of accurate, adequate in volume, convincing and presented in appropriate manner information to:
· improve public understanding of specific activities of the Prosecutor’s Office as an institution working for the strengthening of the rule of law
· provide permanent information to the society on the efforts and activities of the Prosecutor’s Office to defend individuals and their legal rights and interests from criminal infringements
· assist in broadening citizens’ legal knowledge
· set general methods and means for cooperation with the media for the accurate description of prosecutorial activities
· improve, internally and externally, the prestige of the Prosecutor’s Office.
III CHARACTERISTSICS AND PRINCIPLES OF
THE GENERAL GUIDELINES OF THE STRATEGY
III.1. Characteristics
- actuality – the general guidelines are based on real public and institutional needs reconciled with the described in the analysis trends, legal requirements, and professional ethics
- communication – guarantee for the reciprocal exchange of information through the general guidelines: emphasis on the importance of messages by the Prosecutor’s Office to the media and through them to the general public and, vice versa, by the media and the public to the law-enforcement bodies
- flexibility – the general guidelines are structure in line with the public interest dynamics.
The Constitution of the
Delivery of information by the Prosecutor’s Office to the media is done in line with the Access to Public Information Act, Protection of Classified Information Act, Protection of Personal Data Act, Judicial System Act and Criminal Procedure Code.
Delivery of information to the media cannot be harmful to individual or legal entity rights and reputation, national security, public order, health and moral.
In the Prosecutor’s Office-media communication it is necessary to follow the principles of:
- legality and proportionality
- independence and impartiality
- promptness and procedural economy
- accessibility, publicity and transparency
- continuity and predictability
- exactness and legal accuracy with messages in fathomable language
- respect of the rights of the parties in the criminal proceedings
- protection of personal data
- ethics, equality and impartiality towards all media representatives
- respect of the professionalism of the prosecutors working in the system
- respect of the professionalism of those working in the media
- constant dialogue with other offices in the judicial system, with the Ministry of Interior press service and other bodies of the local and central government.
IV.1. Spokesperson
Media contacts are established directly by the administrative manager of the respective Prosecutor’s Office or by managerial appointment of a spokesperson. On complex and significant for the public cases information could be provided directly by the supervising prosecutor after coordination with the spokesperson of the Prosecutor’s Office.
Upon explicit media request separate interviews with the supervising prosecutor or the administrative manager are organized by the spokesperson of the respective Prosecutor’s Office.
In her work, the spokesperson strives to establish and develop positive and respectable image of the Prosecutor’s Office, publicize the results of the activities of the institution and clarify its substance, functions and responsibilities.
The spokesperson should poses communication skills and should maintain good contacts with the public and journalists. Self-control, restraint and positive attitude in these contacts guarantee spokesperson’s success. This function requires high professionalism, detailed knowledge of the legal framework, and impeccable reputation.
The spokesperson is removed from office by order of the administrative manager.
Appointed by order of the Prosecutor General of the
Prosecutors, heads of units in the Supreme Cassation Prosecutor’s Office and Supreme Appellate Prosecutor’s Office inform immediately the spokesperson of the Prosecutor General of incoming reports, initiated checks and pretrial proceedings with public importance of interest to the media.
The Prosecutor General receives timely status reports on
Information, Analysis and Methodological Guidance Unit provides to the spokesperson of the Prosecutor General all plans and current statistical reports accompanied with analysis of the information.
Prosecutors from the specialized investigative unit in Sofia City Prosecutor’s Office inform and coordinate with the spokesperson of the Prosecutor General the preparation and publication of press releases, organization of briefings and press conferences and participation in discussions on different forums.
Superior prosecutors tasked with control functions on the case developments, after consultations with the supervising prosecutors, receipt of written reports and consultation with the spokesperson, provide information to the media.
In her activities the spokesperson is guided by the following rules:
- allow constant communication with the media during working hours and if possible after that
- coordinate with the administrative manager all her activities in providing and receiving information
- provide in a timely manner accurate, objective, precise and concrete information in suitable for the occasion format
- inform media on cases of importance for the public
- refuse information only if that will prevent, hamper, or delay investigative work
- demonstrate optimal consideration for victims
- follow media reports on prosecutorial activities and in case of erroneous, inaccurate or distorted information react in appropriate format according to the law
- present all media with the same information except in instances of journalistic investigation by a particular media and specific question by an individual journalist in which cases the information is provided to the requesting media
- make systematic efforts to improve its linguistic knowledge
- observe the media policy of the Prosecutor’s Office of
the
- maintains positive public image of the respective Prosecutor’s Office and the institution as a whole
- inform the administrative manager of the respective Prosecutor’s Office of important events concerning prosecutorial activities
- inform journalists on developments on cases which are of interest to the public while observing the law
- provide timely information on suspension of cases and particular indictments on which information has been provided
- inform journalists on staff changes in the Prosecutor’s Office, awards granted and disciplinary punishments imposed
- prepare and present to local media resumes of the six-month reports on the activities of the Prosecutor’s Office
- brief administrative managers and respective supervising prosecutor when there is public interest on the respective case
- upon consultation with the administrative manager establish contacts between prosecutors and journalists regardless of the fact who requested it
- organize press conferences on request from the administrative manager of the respective Prosecutor’s Office or on own initiative upon consultation with the administrative manager
- follow on a daily basis media information and maintains article, reports and interview archives; in instances of legal ground pursuant to article 208, point 2 of the Criminal Procedure Code immediately presents the publication to the administrative manager. Upon initiation of pretrial proceedings informs the media based on which report the Prosecutor’s Office initiated the proceedings ex officio. Presents current information on developments on the case and completed pretrial proceedings in accordance with the rules for protection of state and personal interest.
- maintain regular contacts with the spokesperson of the Prosecutor General of the Republic of Bulgaria, the press service of the Prosecutor General of the Republic of Bulgaria, the spokesperson of the respective superior Prosecutor’s Office and other prosecutors in the country
- at the end of each six-month period prepare analysis for its activities with proposals for improvement of work and send it to the press office of the Prosecutor General
- organize meetings between prosecutors and media on national and professional holidays, if possible.
- when necessary and in accordance with article 52, paragraph 1 of the Radio and Television Act addresses the public on national radio and television
- receives in writing or electronically accurate, timely and socially significant information and assists in its receipt from prosecutors and other relevant institutions
- assesses the type, volume and format in which to present information
- requests monthly summaries of initiated and completed with indictment pretrial proceedings from the regional prosecutors and managers of respective units for the preparation of press releases
- saves electronically and archives information from all her media contacts – interviews, briefings, press conferences, and telephone conversations.
IV.5. Public Relations Unit of the Prosecutor General’s
administration
The Public Relations Unit promptly informs the leadership of the Prosecutor’s
Office of the
IV.6. Press releases
Press releases are the way to communicate official information on short notice. This communication channel could be utilized to effectively transmit information on the activities of the Prosecutor’s Office as a whole with an emphasis on the fact that the institution functions in a public, legal and ethical manner.
Press releases are prepared on different occasions:
- prosecutorial checks, including control for legality ones
- criminal proceedings
- administrative, organizational changes in the Prosecutor’s Office
- staffing changes in the Prosecutor’s Office
- prosecutorial rulings brought before court
- trials
- guilty verdicts
- prosecutorial initiatives, innovations
- project work
- official visits and meetings
- statistics.
IV.6.1. General Requirements to press releases:
- to be current – topical, responding to significant public interest or covering important institutional work
- information in the press release should respond to the following questions: Who?, What?, When?, How?, Why? so that the text is clear, useful and user friendly
- the text is unambiguous and does not contain baseless presumptions and comments
- the information is presented in an accessible for the citizens literary language
IV.6.2. Specific requirements to the content of different types of
press releases
Preparation and presentation of statistical data
Presentation of statistical data to journalist is appropriate form of popularization and visualization of prosecutorial activities results; the following information could be presented:
- number of case logs in a particular period
- number of case logs completed in a particular period
- average caseload per prosecutor
- number of criminal proceedings initiated in a particular period
- number of resolved criminal proceedings in a particular period
- number of indictments in a particular period
- number of guilty verdicts and number of convicted individuals in a particular period.
Such information is not provided separately but in the context of current events and must send a message.
Another type of press releases: on specific projects, innovations, participation in seminars and conferences, meetings and visits in the inter-institutional cooperation framework.
Releases must contain key words and messages on the importance of the event, it must improve institutional contacts with citizens, inform of prosecutorial and administrative professional development and institutional development.
Press release on particular criminal proceedings is prepared by the spokesperson of the Prosecutor’s Office based on the case information and according to the law. Upon spokesperson’s request, the supervising prosecutor prepares this information in writing. The supervising prosecutor uses discretion in deciding on the volume and type of information to be released to the public. The supervising prosecutor and the administrative manager are consulted on the final text of the press release.
Press releases on events not related to work on cases are coordinated with the administrative manager of the respective Prosecutor’s Office.
Press releases are published on the Internet site of the Prosecutor’s Office.
Press releases are done through:
- postings on the Internet site of the Prosecutor’s Office – gives opportunity to presenting information to an unlimited number of people
- electronic mail – a mean of communication that allows for timely presentation of information to certain or all media working with the Prosecutor’s Office, which utilize this communication method
- fax – if e-mail cannot be used, on urgent matters
- telephone communication – because inaccuracy is possible should be used with caution mainly after presenting the information through more secure means and there is a need for additional clarification that will not alter the meaning or content of the information or as an exception in instances in which other means of communication are unavailable.
- usually the topic is not announced beforehand; there is no need to send announcements and invitations to the media
- usually only the spokesperson of the Prosecutor’s Office participates
- its main characteristic is succinctness
- current information on topical issues succeeding the previous briefing is presented or information on a specific program or action plan implementation
- the spokesperson answers only media questions which she has prior authorization to address
- the spokesperson sets briefing frequency
This channel of communication presents opportunity for direct contact between the Prosecutor’s Office and local and national media representatives. Press conferences are organized and held by the spokesperson with the knowledge and consent of the administrative manager on specific occasion that merits presentation of information:
- important criminal proceedings
- report
- important staff changes
- significant legislative changes affecting prosecutorial function
- on issues that are of special interest to the public and media and over which Prosecutor’s Office has authority.
Press conferences present an opportunity for wide distribution of information while minimum resources and time is consumed. This is a way for the institution to present and elaborate on its professional position. In organizing them one should keep into consideration:
- prior notice – done in a manner that allows all media representatives to prepare themselves for it
- press conference participants – competent and well acquainted with the subject matter
- press conference timing – avoid conflict with other important events, if possible
- place where the press conference is held – account for the number of journalists and audio and video recording equipment
- preselected handout materials (media packages) – assist in the elaborate presentation of the position of the Prosecutor’s Office on the subject matter and allows for accurate and exhaustive presentation, contains resume of main points, concrete data, and schemes and diagrams.
Participation in radio and television talk shows, interviews and other media events of representatives of the Prosecutor’s Office may greatly contribute to the presentation of an accurate image of the institution to the public. Participation in media events is conducive to strengthening of public trust in the bodies conducting pretrial investigations. It also contributes to improving public understanding of legal matters.
Legal limitations cannot be overlooked in the organization of such media events.
IV.10. Publications in the Internet site of the
prosecutor’s service
Publication of information on the Internet site of the respective Prosecutor’s
Office and, in instances of national importance, on the site of the Prosecutors’
Office of the
IV.11. Informal media contacts
Both prosecutorial and media functions are specific
activities and each requires compliance with format, content and due time
rules. Both the Prosecutor’s Office and media need to be aware of the specific
issues and obligations of each other to maintain fruitful cooperation.
Communication between them needs to be according to certain criteria and of
mutual character.
Maintaining informal contacts with journalists is of importance to build respect for the law-enforcement institutions and to assist the professional development of media reporters.
Personal contacts with media representatives present opportunities for broadening of their legal knowledge and constitute a prerequisite for apt and legally compliant materials.
During informal meetings both parties need to respect the law and legal ethics. Acceptable clarifications are those that concern legal principles and would contribute to the better understanding and more adequate presentation of a specific case.
IV.12. Periodic review, analysis and assessment of
the materials presented by the media
Daily review of media publications and information
posted by electronic media helps to form accurate notion of the Prosecutor’s
Office media image.
The spokesperson keeps an archive of all press publications and media materials in the central and regional electronic media related to the Prosecutor’s Office, in particular, and the judiciary, as a whole.
The media archive is classified by rubrics and
media (it assists in assessing the accuracy and trustworthiness of particular
media). If response to a media report is issued and published, it is attached
to the media report to which it refers.
If the Prosecutor’s Office identifies inaccurate
media report on its activities, which constitutes inaccurate presentation of
facts, misrepresentation of facts or baseless criticism addressed to it, which
creates negative perception towards a particular prosecutor, structural unit in
the Prosecutor’s Office, or the institution as a whole, a response is drafted. The response takes into account the type of
inaccuracy, actual or potential damage inflicted, and the benefit of the
response. It is in the best interest of the Prosecutor’s Office to prevent any
attempts to discredit it.
It is necessary to identify what needs to be denied. If the matter relates to baseless criticism or inaccuracy with respect to the work of the institution, the response is coordinated with the leadership of the Prosecutor’s Office. If the inaccuracy (incompleteness, erroneousness) of the report concern work done on a specific case, the analysis and response is drafted with the participation of the supervising prosecutor.
In instances of inaccurate presentation of
prosecutorial activities, the response could be issued in a press conference, through
a letter to the editor-in-chief of the respective media, or as an official
written statement addressed to all media.
It is necessary to carefully monitor all media reports in the context of them constituting a legal base for initiation of investigations. In initiation of proceedings ex officio based on such reports, the author of the report should be informed to emphasize the importance of media in public life, including in their role as assistants to the law-enforcement bodies.
V. SPECIFICS IN PRESENTING INFORMATION
V.1. Refusal to provide information
- facts, circumstances and data on files and cases which constitute state or other protected by law secret – official secret (according to article 136, paragraph 2 of the Judicial System Act) or contradicts the provisions for classification of information
- if presentation of information will prevent, jeopardize, hamper or delay investigative work.
V.2. Reticence
- not to expose or humiliate the involved individuals – circumstances concerning personal life, or such that harm their interests and reputation
- to refrain from naming the citizens involved and presenting information that could lead to their identification if so is not necessary
- no names are given if juveniles are involved
- no pictures are given as a rule
V.3. Limitation when providing information
- information only on the status of investigation
- no predictions are given on possible outcome of the investigations
- no assessment is made on the evidentiary materials
- when information is given principles of proportionality and innocence is observed
- statements that imply political biasness and partiality are unacceptable
V.4. Free presentation of information
- elaboration on the crime – when, what criminal act, consequences and victims of the crime
- amount of pecuniary damage
- mechanism of the crime (for prevention of other possible crimes)
- forecasted duration of the case and its completion
V². ACTING
IN CRISIS
In instances of extremely high public
expectations on a specific case or actions of the Prosecutor’s Office, public
dialogue is sometimes distorted. Crisis management requires adherence to
certain rules:
- definition of beginning, scope and reasons for
the crisis situation
- compensating information insufficiency by
appointment of an individual who presents consolidates, clear, trustworthy
information while participants in the dialogue observe ethical rules
- broadening of the recipients of information
- making efforts so that crisis period does not
last too long
- identification and commenting on similar cases
- team work, particularly with the Ministry of
Interior and independent experts who enjoy public trust.
V²². JOINT
PROSECUTOR’S OFFICE OF THE
Working in close cooperation the Prosecutor’s
Office of the Republic of Bulgaria and the bodies of the Ministry of Interior
have joint interest in presenting timely and adequate information to the public.
Transparency in their joint activities strengthens legitimacy of the
institutions in the public eye. They gain trust and support. Through careful
selection of appropriate language possible misrepresentation of facts is prevented.
The Ministry of Interior provides operational
information in the framework of its competences and in accordance with the
specific laws and internal regulations on:
- traffic
safety
- violations
of public order and police response
- specific
prevention measures in protecting legal rights and interests
- in
execution of specific assignments with which the Prosecutor’s Office tasks the
Ministry of Interior.
The objective is to prevent the feeling of
insecurity and concern in the public.
On the development of the specific criminal
cases, irrespective of whether the Prosecutor’s Office assigned the task, and
on which activities are joint, media presentations are synchronized with the Prosecutor’s
Office on the respective level. Contemporary information is presented,
including on important development in the investigation in protection of state
and personal interests.
On certain occasions the Prosecutor’s Office may
direct media to approach the Ministry of Interior for information.
On the spot information could be presented
jointly.
The Prosecutor’s Office of the
Because the issue of selection and presentation
of appropriate information in the right moment is always important to the Prosecutor’s
Office and the Ministry of Interior, which means adherence to particular media
policy, when possible and with the support of the leadership of the Prosecutor’s
Office and the Ministry of Interior, joint specialized media trainings are
held.
On cases of special public interest on which
considerable work in the pretrial phase is done in a task force, joint press
conferences are held. These events are jointly organized by the spokesperson of
the Prosecutor’s Office and a representative of the Ministry of Interior
responsible for public relations on national or regional level. The objective
is public trust and protection through the professional work of Prosecutor’s
Office and police and guarantee of both defendant’s and victim’s rights.
In joint press conference, police, in
coordination with the Prosecutor’s Office, may inform on the investigation,
evidence gathered, investigative techniques utilized and should consistently
elaborate on the legal framework.
If it happens that on a specific case the
information provided to the media is inaccurate, the inaccuracy is rectified as
soon as possible by the party that presented the information.
The Prosecutor’s Office and the Ministry of
Interior may jointly or independently seek media cooperation to track
individuals or objects on a criminal case.
As it is practically impossible to set
beforehand a consolidated position for presentation of information in all
instances, if unanimity on the information framework is lacking, the Prosecutor’s
Office takes the decision since it bears the responsibility for the criminal
instigation by law.
This media strategy is drafted in implementation of the Strategy for
Development of the Prosecutor’s Office 2007-2009 and the Action Plan for 2007
and is approved by the Prosecutor General of the
The Strategy will be implemented in a legal framework that lacks media law.
Section V²² of the Strategy is developed in agreement with the Ministry of Interior. The adopted strategy is applicable on national level by the respective units of the Prosecutor’s Office and the Ministry of Interior.
The media strategy is prepared with the assistance and cooperation of the spokespersons of the Prosecutor’s Office throughout the country, utilizing public communication knowledge acquired in different trainings and the manual for administrators in the Prosecutor’s Office working in public relations dated 2005.