Author: -Pooja Kriplani
In the late 20th century, media trial was a popular phrase and early 21st century to describe the impact of television and newspaper coverage on a person’s reputation by creating widespread perceptions of guilt regardless of any verdict in a court of law. The media does a separate investigation for their news and build up public opinion against the accused even before the court takes cognizance of the case. The inevitably happen in all cases, In this way, it prejudices the public and sometimes even judge and as a result, the accused is produced criminal and is devoid of all his rights media has become a public court also called as a Janta Adalat1 and has started interfering in court proceedings.
It was also held that highly publicity Court cases in which media are often accused of provoking the atmosphere of public history to a lynch mob which not only provide fair trial but without thinking of the result of the trial the accused will not able to leave the rest of their lives without intense public security after we can see that the coverage in the process can be saved to reflect the views of the person in the street. However, more credibility is generally given to printed material as compared to water cooler gossips. The responsibility of the press to come from the report and lead about the individual being quiet has come under increasing security and journalist is calling for the highest standards.
In the UK strict contempt of court regulation respect, the media reporting of legal proceedings after a person is formally arrested this rule is designed. So, that defendant receives a fair trial in front of the Jury that has not been attended by period media coverage the newspaper The Daily Mirror and the sun has been prosecuted under this regulation although such prosecution is there were so many cases in which media plays a vital role.
The validity of Media trail
There has been no legal system for media trials and no media is given the power to the trial case. However, every coin has two sides in the case with media trial and journalism at certain instances generalist for a free decided image of an accused thereby tearing reputation of anyone that can eventually affect the trial and judgment trial by media under the Sheena Bora murder case which one of the most famous case exercise that excruciating eyes of media have influenced the personal life of the main accused Indrani Mhukharjea that arose a debate on the matter of media trial of the accused in the away of such case the Ethics of journalism were usually questioned.
Trial by Media is making the wrong use of freedom of speech and expression. Media trial interferes with the process of a court of justice delivery. . Excessive use of Freedom of Speech and Expression There have been numerous instances in which media has been accused of conducting the trial of the accused and make verdicts even before the court passes judgment, Media trial should be done without restricting the rights of the accused under Article 21 of the Constitution of India for a fair trial. But the behaviour of the media is that of “Everything is fair in love, war, and breaking news.” and Freedom of press Article 19 of the International Covenant on Civil and Political Rights,1966,2 embodies the right to freedom of speech, that is, we cannot say that media trial are not valid, everyone has right to express their opinion without the interference of anyone and regardless of the way of express then self it may be either orally, in writing or print, in the form of art, or through any other media of his choice.
Further, freedom of the press not separately granted in India unlike the United States of America, the Supreme Court of India has recognized the freedom of the press under the umbrella right of freedom of speech and expression as envisaged under Article 19(1)(a) of the Constitution of India.
Free Speech vs Fair Trial
Article 19(1) of the constitution gives us “Freedom of Expression” and Article 21 and 14 gives us the “Right to fair trial” also Constitution of India and Contempt of courts Act 1971, contains the provision of safeguarding the right to fair trial along with restrictions on publication the materials of the case pending before the court, investigative journalism or aggressive journalism have no right to exposing the inability of the police system and slow process of any public trial.
In some cases, it was observed that some news channel declaring the accused guilty and discussing the punishment for the accused only after the first hearing of the case which yet was not held in public court Media is accused of sensationalizing the issue and generally touches high profile cases as in Jessica Lal murder case and the ice cream parlour case. Media is a mass public platform so easily mobilize the masses and sometimes even negative impact on the ongoing trial, compromising and violating the principles of presumption of innocence until proven guilty and Guilty beyond a reasonable doubt, Overlook the difference between the terms Convict and Accused.
What media trial should be stopped?
Recently in the Supreme court Chief Justice, JS Khehar has expert Express their concern over the media trial according to them any case and hinted that the supreme court would draw the line on how much policemen can tell the media during the pre-trial investigation. the state as reported sometime undermine free and fair trial, The bench compromise CJ Khehar and Justice NV Ramana agree with the suggestion by amicus curiae Gopal Shankar Narayan that there be some norms on police briefing for the media because it directly considered with the reputation of a person in and repetition of a person considered important that people may be arrested if they are shown on electronic media. their reputation is forever even those they may be acquitted later CJ has observed the court was dealing with the host of position and there were some guidelines for the police are investigating Agencies briefing the media about any ongoing investigation the petition has been pending since 1999.
There were some cases in which the constitution bench already ruled that if any at least face the senior Samuel Company engine during a trial which may be prejudiced his care he would be free to approach the trial court to postpone the reporting of order there were activities.
Lawyer Prashant Bhushan argues that releasing the names of the suspect even before the FIR was filed in some cases in press statement result in prejudgment of a case. After the reputation of totally innocent people are siren beyond repair not only causes serious harm, to the reputation of the person but also affect the trials he said that she is noted that concern the fact that the issue has been pending before the case without any fresh development, There is no order since then, this is Trishanku. let bring it down the earth observed this would decide how much they can reveal to the prayers without comprising the possibility of upset upsetting and fundamental premise criminal justice system said that a person is innocent until proven guilty.
In the case of Sushant Singh,3 Rajput media trial stop in Sushant case petition was filed by the Bombay High Court has South directions to news channels and others to postpone the media trial in actor Sushant Singh Rajput suicides, saying it could hamper the prop the please filed is yet to be taken after hearing by the high court petition Anil NavLakkha and 2 others demanded direction to the news channel to Limit their coverage of the cases and the prob.
Since the case of Sushant accrued in which Rajput allegedly committed suicide several prominent media channels have conducted media trial and parallel preceding the petition, sad TV channels, and other media outlets have a process to already convert the accused name in FIR its add parallel investigation goes against the supreme court past ruling and basic principle of Lord the petition said that matter of high court should ask the media to post on reporting debates discussion of any kind 10 amount to media trial that will directly or indirectly hamper the investigation in the case the police said.
Media work as the fourth pillar it was wide rich and more effective with so should face fully reflect the mood people also believe in what media show. Media should take into consideration the fate of people, media is there to raise the public issue, report news and facts but not to pass judgment, one life with dignity get the highest priority over other rights to freedom of speech and expression moral responsibility of media is to show the truth and that too at right time.
- Janta Adalat.
- Article 19 of the International Covenant on Civil and Political Rights,1966.
- In the case of Sushant Singh.