Criminal Cases and Behaviour of Finnish Tabloids
Added: 2009-05-28 02:15 EEST / 00:15 BST

For background information before my thoughts in this matter, I'd like to clarify some facts about a very sad incident that happened in Finland during April/May 2009.

Lead vocalist of a famous Finnish pop band was diagnosed to have a brain tumor, way back in 2008 and he was taken into quick surgery. Operation was succesful and comeback of the band in question was planned for the end of May 2009. For the vocalist, there was fears of tumor making a new appearance and some understandable depression due to these circumstances.

Then, all of a sudden, at the end of April 2009, Finnish tabloid "7 päivää", also known as "Seiska", published an article claiming that this vocalist is suspect in a criminal case related to distribution of child porn. Note that he was only suspected - prejudical inquiries were in process, no charges had been made against anyone. This story was also briefly released by another tabloid, "Iltalehti", using Seiska as their source.

Nevertheless, Seiska made up really big headlines about these suspicions, with name, band and photo of the suspected person on their front page. At the same time with this incident, there was another child porn case in court at another Finnish city, having a lead vocalist of another, unknown Finnish band being charged. Case being already in trial and the newly published article had nothing to do with each other - however, from the viewpoint of tabloid, this kind of coincidence is perfect way to link another, innocent person into an ongoing trial.

(Yes, he's innocent, as no one has proven him guilty of any crime.)

During the same day when Seiska published their article, vocalist in question disappeared from his home. He only took his bicycle and cell phone with him, no wallet, cash, credit cards or his medication. Major searches were soon in process, everyone around the area where he had been seen the last time were participating. Very soon people started to fear the worst.

Time went by, days and weeks.. Finally, near the end of May 2009, a local fisherman saw a body floating in water near the area where the missing vocalist was last seen. Body was identified as the vocalist. Police has said there's no suspicions of any crimes committed regarding his death.

Now we come to the big question; Why did it happen? It can't be just because of the heavy treatments after a big surgery. Treatments had been going on for a long time and there was no signs for any self-destructivity. Why did it happen just hours after this tabloid was shipped to people's homes and stores? That's too much of a coincidence!

The band that lost their vocalist have claimed that the way Seiska and Iltalehti have released these news has been questionable at the least - maybe illegal. I wouldn't call it questionable, as it is very clearly illegal. Here's a section of the Penal Code of Finland regarding it:

Chapter 24, Section 8 - Invasion of personal reputation

A person who unlawfully

(1) through the use of the mass media, or
(2) in another manner publicly

spreads information, an insinuation or an image of the private life of another person, so that the act is conducive to causing that person damage or suffering, or subjecting that person to contempt, shall be sentenced for an invasion of personal reputation to a fine or to imprisonment for at most two years.

The spreading of information, an insinuation or an image of the private life of a person in politics, business, public office or public position, or in a comparable position, does not constitute an invasion of personal reputation, if it may affect the evaluation of that person’s activities in the position in question and if it is necessary for purposes of dealing with a matter with importance to society.

From this section of penal code, several points match clearly into headlines described before. First of all, mass media was used to spread the information. It contained an insinuation of the private life of another person, and such accusation without proof of it being true is definitely causing that person suffering or subjecting that person to contempt.

Exceptions, however, do not really match. Being a vocalist in a pop band is not politics, it's not a public office or position or by any means comparable. The most important thing in the exception is about dealing with a matter with importance to society. This does not match to person and case in question at all.

From all this, my conclusion is that Seiska has broken the law harshly and they should be prosecuted - at least for the invasion of personal reputation, perhaps with something more as these headlines have caused a kind and popular person to commit suicide due to his reputation being ruined.

Tabloid did not write any lies - articles were saying there's only prejudical inquiry going on and no legal actions have been taken yet. However, scale of these news in tabloids was at about the same level as it would be in a case with the whole Italian mafia being arrested at the Arctic Circle in Finland. Or something like that.

Such huge headlines were totally unnecessary - if he was charged and proven guilty, I would call it somewhat understandable. In this case, with no legal actions, I can't find any justification for the behaviour of tabloids.

In Finland, names of criminals are usually only published if they have been already convicted - and even then, only those who have committed serious crimes like murders or rapes. If there's no absolute proof, no names must go public.

This brings us another interesting question: Where did this tabloid get the information about ongoing prejudical inquiry? It can't be his family or band, I can't see them doing such thing. Was it a leak from someone working for police perhaps? Who knows - tabloids can keep their sources as a secret due to another law. Probably it all remains as a secret too.

Was it ethical? Was it legal? What would you do if you were in the same position with this harrassed person?

Remember - everyone is innocent until proven guilty!

Feel free to send me comments, through e-mail or MSN Messenger. Contact infos here - replace "at" with @.

~ Janne Karttunen
     janne.karttunen (at) gmail.com
     msn: beldinos (at) gmail.com