One of the most difficult problems for editors, in both the print media and broadcasting, concerns how far to go in reporting the details of violent crimes or sexual offences.

This is especially true in court cases, when the media has dual obligations.

One is to give a fair and accurate report of the proceedings of the case, where details are often critical to showing a person's motives and why they may have been convicted or acquitted.

The other obligation is that their audiences, are made up of the gamut of the prudish to the prurient, may not wish to hear or read all the details, even and when they may be central to the case. And for children, there may be details which they are too young to comprehend or about which they need not be burdened.

It's a difficult balance to strike. Protecting readers' feelings may result in a failure to explain the severity or nature of the alleged offence. Go too far into the details, and a large number of members of the public whom the media serves may be offended.

Last week, the Broadcasting Commission gave directions to licensed broadcasters. Newspapers are unregulated and cannot be directed in this way, as much as some may wish it.

The Commission said it was concerned about details of court cases aired between September 1 and September 26 this year, although it did not identify the cases.

In its letter to broadcasters, the Commission said: "The Commissioners direct that no undertaking shall broadcast the pornographic details or otherwise of indecent, depraved and offensive acts, in such vivid details as to offend against the good taste or decency of the Bermudian Public."

On the face of it, that seems to be inarguable. But in fact it could be quite dangerous, and it helps to show why regulation of the media can be harmful.

The Commission has quite broad powers over broadcasters, which in these days of the Internet and cable television, can seem quite archaic. Broadcasters who fail to follow the directions of the Commission can be fined or even have their licences withdrawn.

The difficulty lies first in the broad description used by the Commission and its lack of definition.

A US Supreme Court justice once famously said that he could not define pornography, but he knew it when he saw it, and that remains about the best definition in existence. The difficulty is that pornography is elastic and changes along with public mores. Once upon a time, "Lady Chatterley's Lover" was banned from publication. Today it is considered to be a literary classic.

The broadcasters direction raises more questions than it answers. Who decides what a "detail or otherwise is"? Is it possible to go past the mere statement of the law that is alleged to have been broken, those charged and the date on which the offence is alleged to have taken place, or will broadcasters then be in breach of the direction?

Who defines what is indecent, depraved or offensive? And who decides how much detail "will offend against the good taste or decency of the Bermudian Public"? Who defines the public's good taste.

In issuing a blanket ban of such vagueness the Commission runs the risk of either being approached by offended members of the public over almost any case of a sexual or violent nature that is reported, or having such a chilling effect on the Island's broadcasters that they will report nothing at all, then failing to serve the same listeners that the Commission wishes to protect.

The fact is that editors, news directors and journalists are sensitive to public opinion and reactions to stories. The story to which the Commission appears to be referring is the murder retrial of Andre Hypolite, which caused a great deal of community reaction. This was not an easy case to cover because of the need to gauge the salience of the facts of the case against the offence some of them might cause.

Many readers indicated to this newspaper that they felt we had gone too far. As a result, this newspaper will take greater care in future, and where necessary will publish warnings to the public when stories do contain graphic details.