Roger-Luc Chayer
Following the broadcast of the documentary on assaults
Jackson’s alleged sexual abuse of young children,
it is important to talk about some rules of law that would have to be
certainly apply to the situation.
The public and many companies were very quickly condemned
the actions that are reproached to Michael Jackson and we even removed
all Jackson’s repertoire of some radios. obviously,
the emotional reaction is normal and acting with great
severity in the face of very serious allegations also serves to send a
clear message to those who might be tempted to abuse children
innocent, but that does not allow the abuses either against the
Jackson’s estate.
The statements made in the documentary by two young people
men, who were very detailed, did not pass the test of justice.
In fact, during his lifetime, Michael Jackson was the subject of two
criminal trials on the issue of alleged sexual assault
and both times, he was acquitted, do not forget it.
In the 2005 lawsuit, Jackson faced 12 charges
very serious, ranging from rape to kidnapping. A jury had acquitted him of
all the charges unanimously, which is not nothing. Another
The 1993 trial, which dealt with similar facts, had
ended by an out-of-court settlement, Jackson unwilling to submit
some witnesses at the media circus.
Still in the case of the two alleged victims in the documentary,
the information is corroborated certainly, but the main
subject is no longer there to defend himself. Michael Jackson is deceased in 2009 in Los Angeles of an overdose of drugs. The family
Jackson has announced that it will shortly be filing
legal proceedings for defamation and damages against the perpetrators
participants in the documentary, declaring that
facts were false, invented and unsubstantiated. obviously,
the documentary had a very negative effect on the finances of the
succession.
What must be remembered throughout this case is that caution
is a mother of safety and before spreading, broadcasting or participating
to the dissemination of false or incomplete information, it
there is a concept that is often mentioned but that is explained
very little in the area of criminal or civil law, it is the presumption
innocence. In Canada, the Canadian Charter of Rights and Freedoms
Article 11: « Everyone charged with a criminal offense has the right: to be presumed innocent
until he is found guilty, according to the law,
by an independent and impartial tribunal after a public trial
and fair. « Violating the Canadian Charter can have serious consequences
consequences in defamation.
In the United States, as for most European countries, the presumption
of innocence is a fundamental principle of law and
is based on Article 11 of the Universal Declaration of Human Rights
the 1948 man of the UN. Any violation by the media or broadcasters
like social media participants, who break
this protection, are exposed to significant damage, which the
judgment in favor or not of the accused. In the case of Michael
Jackson, even deceased, he is entitled to this protection and I recommend
extreme caution before continually treating it as
qualifiers that have not been corroborated by an official judgment!