Towards a narratology of court reporting

This paper proposes using the theory of narratology to connect legal discourses and processes with the way the media translate the law into news. It identifies how narratology has been used by other disciplines, notably the law, to provide a framework for better understanding, and uses a range of theories and examples to propose a narratology for court reporting. The research identifies six key elements of narrative and expands these into a three-level schema of story level, discourse analysis and the interpretative context of stories. Finally, the paper foreshadows a methodology through which to develop the narratology which follows court proceedings through various stages: from the metanarratives within court to the final production of courts as news. It suggests that such an approach may assist the media gain greater insights into its involvement within the court system while also providing a deeper understanding between the courts and the media. Introduction When the news media were used in March 2010 to air allegations of sexual impropriety against popular sitcom star Robert Hughes of ‘Hey Dad’ fame, the vexed relationship between media and the courts again came into focus. It is accepted that tensions between the courts and media coverage of legal issues are part of modern life, with some seeing it as a ‘healthy’ element of a ‘lively relationship between two active institutions’ (Basten 2005: n.p.). Judges draw the line, however, where the media ‘get it wrong’ with calls for greater powers being granted to judges to respond to media inaccuracies and ‘scandalous’ criticism (Basten 2005: n.p.). A study reviewing suppression orders and media access to court documents (Australia’s Right to Know Coalition 2008), points out media concerns about this relationship. The study calls for laws providing greater access to court documents and fewer suppression orders. These criticisms of the current state of relations between law and the media are developed in recognition of the courts and media performing public functions that, when combined, help to foster open justice whereby the public can scrutinise the administration of justice. This paper seeks to add to the understanding of how the courts and media contribute to open justice and public understanding of law and justice. It argues the case for deploying