Meaning of Trial by MediaTrial by Media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person's reputation by creating a widespread perception of guilt regardless of any verdict in a court of law.Media does a separate investigation, builds up a public opinion against the accused even before the court takes cognizance of the case. This inevitably happen in all cases.By this way, it prejudices the public and sometimes even judges and as a result the accused is presumed criminal and is devoid of all his rights and libertyMedia has become a ‘public court’ (Janta Adalat) and has started interfering into court proceedings.

Trial by MediaMedia is making wrong use of the freedom of speech and expression .It is an interference in the process 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 passing the ‘verdict’ even before the court passes its 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.”

Freedom of pressArticle 19 of the International Covenant on Civil and Political Rights,1966 , embodies the right to freedom of speech, that is, “everyone shall have the right to hold opinions without interference” and the “freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”Even though freedom of press is not a separately guaranteed right in India unlike the United States of America, the Supreme Court of India has recognized freedom of 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 constitution gives us “Freedom of

Expression” and Article 21 and 14 gives us the “Right to fair trial”

● Constitution of India and Contempt of courts Act 1971, contains provision of safeguarding the right to fair trial

● There are restrictions on publicising the materials of the case pending before the court

● “Investigative Journalism” or “Aggressive Journalism”

● Problem does not lie in exposing the inability of police system or slow processing of public trails but the “Brownie Points” or “TRP” that is mainly aimed at

Free Speech vs Fair Trial● There are instances where it has been seen News channel declaring the

accused guilty and discussing the punishment for the accused though single hearing for the case is yet to be held in public court

● Media is accused for sensationalising 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 mobilise the masses and sometimes even negative impact on the ongoing trail

● Compromising and violating with the principles of “Presumption of innocence until proven guilty” and “Guilty beyond reasonable doubt”

● Overlook the difference between the terms “Convict” and “Accused”

● Sensationalization and Fabrication of some cases beyond repair in Public Mentality like “Badaun Rape Case”

Free Speech vs Fair Trial● What about those cases where media have been wrong ? No further

news about those

● Free trial is not a boon to accused but its the confidence in integrity of the judicial system

● Media ridicules the lawyer who opted for defending much known cases of Kasab and Delhi Rape accused, violating the notion of free trail

● Through media trial we are sometimes creating pressure on lawyers not take cases of accused in some cases and accused has to go without defense.

● Sometimes due to pressure created by media investigative team and police has to come up with a hypothetical story to safeguard its role and ultimately it becomes the “breaking News”

Effect on Various Aspect Related to Case

Effect on the AccusedAs a result of exposure by the media, the person in light, whether guilty or innocent will have to live under intense public scrutiny for years to come.

If accused is acquitted by court what about their social image ?

Jumping to conclusion well before the trial of court may call for proceedings for contempt of court against media.

Effect on the Witness●If the identity of the witness is released, they may face pressure

from both accused and the victim so the witnesses tend to retract their testimony to get out of the muddle. This calls for laws which prevent witnesses from ammending their statements.

Effect on the Public● Provokes public hysteria which could severely affect the decision making

capabilities of the court of law.

● Possibility of attracting lynch mob

● There are positive aspects also like it rallies the public for the proper cause to fight for justice

Help to Criminal :● Media gossip helps criminal to escape the Case,and culprit takes the benefit to reach a safer place.

Case StudiesDelhi eve-teasing case

Badaun rape case

Jessica Lal Murder Case

Priyadarshini motto murder case

Arushi Talwar murder case

Various others including Nitish Katara murder case, Bijal Joshi rape case, Scott Peterson murder of his wife(2002,California), Christopher Parco's murder of father and mother(2004,New York)

Delhi eve-teasing CaseThis event must be very fresh in your memory and i hope i don’t need to review it

The salient features of this case were that:

Jasleen Kaur played on woman card and used political connections.

The media immediately joined the bandwagon by broadcasting the voice of self-proclaimed judges.

The accused lost his job, faced severe public hatred and even the police arrested him and the girl was given Rs. 50000 cash prize.

In the end the accusations turned out to be lies and witnesses confirmed that the accused was actually innocent.

Badaun Rape Case(quick review) Two girls who had gone to open fields which was used as the toilet area in the village and they were found the next day hanged from a tree

the girls were initially reported to have been gang raped and then hanged from mango tree

but after through investigation, cbi revealed that there was no evidence of rape but only of strangulation

Jessica Lal Murder CaseModel Jessica Lal was shot dead in a party hosted by socialite Bina Ramani, at her restaurant Tamarind Court by Manu Sharma.

Initially due to lack of proper evidence, the case was closed and all 9 prime suspects were acquitted by the court.

But media played a major role in reopening the case. NDTV acquired and aired the tape.

Later the news channel received hundreds of text messages from the public urging urgent action be taken against the accused. The sting operation was actually done by TEHELKA.

Due to enormous public outcry and extensive media pressure the case was reopened and the delhi high court sentenced mr sharma to life-time imprisonment.

Priyadarshini Motto Murder CasePriyadarshini Mattoo, who was a 23-year old law student was found raped and dead at her New Delhi residence. The prime accused was Santosh Kumar Singh her college senior.

Various evidences were found at the crime scene but after 3 years of investigation and trial, the accused was released by district court judge citing lack of proper evidences.

The verdict was met with heavy criticism and outcry from both public and media and included frequent public interviews from the father of the victim.

After about 1 year, CBI which was handed over the investigation because the father of the accused was an IPS officer submitted an appeal in high court against the district court verdict.

Ultimately after 6 years the high court pronounced the accused guilty and awarded a death penalty which was reduced to life sentence 4 years later by the supreme court.

What should media actually doReports should be based on accuracy and fairness of facts and not in surmises and suspicion

The primary function, therefore, of the press is to provide comprehensive and objective information of all aspects of the country’s political, social, economic and cultural life. It has an educative and mobilizing role to play. It plays an important role in moulding

Care should be taken against defamatory writings

Due care should be exercised while reporting proceeding of courts

Glorification of an act of violence should be forbidden

Correction and retraction should be made in case of error without any delay

Right to privacy should not be intruded or invaded unless over weighed by genuine overriding public interest

CONCLUSION●Fourth pillar, wide reach and more effective which so should

faithfully reflect the mood

●people believe in what media shows so a responsible media should take into consideration the faith of people

●Media is there to raise public issues, report news and facts but not to pass judgements

●One’s life with dignity gets higher priority over other’s right to freedom of speech and expression

●Moral responsibility of media is to show the truth and that too at right time

●Hence it is the need of the hour to strike a balance between the freedom of speech enjoyed by media and right of fair trial of the accused.