The presumption of innocence is a capital right that puts our innocence before the accusation of having committed an illegal act. This right implies that every person has the right to be considered innocent until his or her guilt is proven by a final sentence, with all the procedural guarantees necessary for his or her defense.

What rule recognizes the presumption of innocence in California?

In California, the right to the presumption of innocence is recognized in Article 14.2 of the International Covenant on Civil and Political Rights, which says: “No one shall be convicted for acts or omissions that have not been proven to constitute a crime.” It is also included in article 6.2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which establishes: “Everyone accused of a crime has the right to be tried by a competent and impartial court, to have free legal assistance.”, to be informed of the charges brought against her, to have access to the relevant documents for her defense and to use the relevant means of evidence for her defense.”

However, the media often spread false or sensational news about people accused or convicted of crimes without respecting the principle of presumption of innocence. This news can generate prejudice, stigmatization, and discrimination towards the people involved, affecting their reputation and rights.

Therefore, it is crucial that people accused or convicted of crimes can adequately defend themselves against this false or sensational news. there are some measures you can take to achieve the above:

  1. Request a rectification or public withdrawal from the media outlet that spreads false or sensational news.
  2. File a civil or criminal lawsuit against the media for moral or material damages caused by the false or sensational news.
  3. Report the media outlet to the competent authorities for violating the right to the presumption of innocence.
  4. Seek specialized legal advice to know your legal rights and options.