Filming of judicial trials as an academic tool: some interesting legal issues

Abstract

Study on the role that the use of footage of trials as academic tool, considering the ignorance that usual students (and not a few teachers) have of proceedings dynamics, and also on the role that orality plays currently in Spanish judicial system. The spreading of audiovisual documentation of trials would ease that work, but brings some legal difficulties, from an academic point of view: they include restrictions on proceedings publicity to non-party or non interested, or the terms of data protection rulings, that follow the European Union directives. The study indicates the position of the Spanish Council for the Judiciary, and suggests alternatives, according to the Spanish Constitutional Court doctrine about camera access to court hearings. Among others, it is suggested the creation of one university-based platform for the filming of trials for teaching purposes.