THE DILEMMA BETWEEN THE RIGHT TO INFORMATION AND THE RIGHTS OF THE DETAINED PERSON IN LIGHT OF THE LEGAL PROHIBITION OF THE PERP WALK

Abstract

This article examines the issue of the application of prior sanctions and social stigmatization resulting from media exposure, known as the perp walk, highlighting the conflict between the right to information and the right to the image of individuals subjected to arrest. The analysis focuses on the negative impacts of such sensationalist exposure, particularly concerning marginalized individuals who are neither authorities nor possess social notoriety. In light of this problem, the article questions whether the practice of perp walk constitutes a violation of the fundamental right to image or a legitimate exercise of the right to inform. To explore this discussion, the article initially introduces the concept of perp walk and lists the rights guaranteed to detainees. It then delves into the conflict between the right to image and the right to information, as well as examining the role of police authorities in the media exposure of detainees.