We're all familiar with the phrase "innocent until proven guilty." This powerful phrase is heard so often, that its significance may at times be forgotten. The presumption of innocence is one of the key components in the groundwork of the U.S. criminal justice system. In turn, KRTV chose the presumption of innocence as its groundwork for our policy on publishing booking photos.
Now, KRTV and our fellow MTN stations across Montana are making a commitment to significantly reducing the use of booking photos ("mugshots") on all of our platforms, including our presence on broadcast television, streaming video, social media, our mobile app, and website. The policy also includes less reporting on non-felony and non-violent crimes.
An arrest is not a criminal conviction. However, when we publish a person's mugshot and/or name following their arrest, that person may be "convicted" in the court of public opinion. Public response can last long after legal proceedings end, particularly on digital platforms through search engines and social media.
For years, KRTV — like many media outlets — has displayed the mugshots provided by law enforcement following criminal arrests. But in the age of digital and social media where information lives in perpetuity, the practice of identifying suspects and showing their mugshots has at times led to unintended consequences.
In some cases, criminal charges can be dropped weeks or months after the arrest. In others, official charges may never be filed. So news organizations - including KRTV - have been forced to ask ourselves whether the value of reporting the information outweighs the potential harm caused to those who are identified in our stories.
Criminal charges can impact everything from securing employment to attending a child’s field trip. That’s why KRTV has decided to only use names and mugshots when a person is formally charged by a county prosecutor, rather than immediately upon arrest.
This change is reflective of changes across the news business at large. Major industry players, including the Boston Globe, Houston Chronicle, and recently, the Associated Press, walked back outdated policies as more information circulated on the damage they can do to communities.
Here is the new policy, which is also being adopted by our affiliate MTN stations across Montana:
KRTV Mugshot Policy
This policy is to serve as a guide for publishing of mugshots on-air and online. As with any guide, this is not meant to take the judgment out of publishing, and at times certain stories may require acting outside these standards. A manager must approve any mugshots prior to use on broadcast, digital and social platforms.
- MTN does not identify suspects who have not been formally charged.
- In addition, MTN will not use mugshots in our reporting, even when the suspect is identified by name.
- Exceptions to this policy may be made in the following instances with the approval of a news manager:
- Crimes involving a prominent figure, or someone entrusted with the safety and welfare of others (city officials, police officers, teachers, etc.)
- Crimes in which the police have asked for the public’s help in finding the named suspect as a matter of public safety.
- Cases where public danger is imminent, such as a fleeing suspect in a violent crime
- If it is unlikely that we will follow the case through its resolution, we will not identify suspects.
- We will not identify juvenile suspects unless they are being charged as an adult. We will take great care not to name family members or include other details in our reporting that could lead to the identification of a juvenile suspect.
- We will consider the severity of the crime and the alleged perpetrator; in the cases of crimes involving minors or non-violent crimes we will avoid using a mugshot entirely (this could include felony DUI, thefts, vandalism, walkaways, etc).
The purpose of this policy is to uphold journalism ethics and standards. It is our responsibility as journalists to always provide fair, balanced, and consistent reporting.
This policy encompasses all platforms, including broadcast, digital, social media, and streaming
