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AN ANALYTICAL STUDY OF TRIAL BY MEDIA: WHETHER A THREAT TO OUR JUDICIAL SYSTEM
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AN ANALYTICAL STUDY OF TRIAL BY
MEDIA: WHETHER A THREAT TO OUR JUDICIAL SYSTEM
AUTHORED BY - BHUMIJA KISHORE
ABSTRACT
Media is
regarded as the fourth pedestal of democracy. It is the medium through which
all other pedestals of democracy can reach the public. In a democratic
structure, it is very important to keep people informed about the affairs of
the state as well as the judiciary. Media plays a pivotal role in educating
people about day-to-day affairs taking place in society. It is one of the most
powerful entities because it has the power to influence the minds of people.
People tend to believe what the media tells them to. However, in doing that,
the media sometimes assumes the character of a judge and puts its opinions as
verdict even before the case could be heard in courts. With the advent of
social media, the dissemination of information from one end to another has become
quite convenient which has in a way encouraged media trials which are
absolutely against the norm of fair trial. Media enjoys an undeniable freedom
of speech and expression, but such freedom is not absolute in nature. In
exercising the freedom conferred upon it, media shall not intrude into the
domain of judiciary.
LITERATURE REVIEW
Hambali Thalib, Sufirman Rahman, Muslim
Mamulai, Hardianto Djanggih (2017) “This
research is on Verification through
electronic media in Criminal Judicial
System which conducted
at District court of south and central
Jakarta and focuses
on how technological advancements have ushered us into a new era of life.
Teleconference investigation is similar to how conventional trial investigation
was handled immediately and honestly. The function and purpose are related to
the judicial process, which is to
seek and establish the material truth. This study further suggests that Law No. 8 the year 1981 KUHAP should be
revised with the changes taking into account the advancement of science and technology in order to restore the
function and goal of the judicial process”.
Sangeeta Gahlot (2018) “In her
research, she describes how the public consumes misleading, inaccurate, and exaggerated news which
affects their decision making power. There are all sorts of injustices in this country,
but the voice of the righteous is important. There have been instances where
because of media trials public
preconceived certain notions
and effect the judicial decision. According to the scholar, media trials today investigate
criminal cases with baseless evidence for the
sake of proving their competency more in the eyes of the public. The result is
defamation and destruction of the accused's personal life. Therefore,
there should be a boundary line between freedom of media and right to fair trial”
V.V.L.N. Sastry (2019) “Studies about
the influence of media on the public, lawyers, and judges and how media acts as the fourth
inheritance of democracy (Ranjan and Kashyap, 2014). The impact of justice on critical cases is higher as it gains
prominent media coverage overnight and it often includes public sentiments. Prior to
this, there are many theories explaining how the media can affect people at the micro-level (individual) and there had been little scientific research on how the media affects the Indian criminal
system. Existing literature and opinion of the scholar
proved that media
interference and trial affect the judicial system and there is a positive
correlation between court verdicts, public sentiments and media coverage in India”.
CHAPTER 1 INTRODUCTION
1.1
Overview
“A responsible media is the handmaiden of effective judicial
administration.”1
Media plays a
fundamental role in formation of a modest society, however it is known as the fourth pillar of our democratic
state. Though, “Lord Macaulay”, the member of British Parliament, first time introduced the term fourth pillar of Indian Constitution. Media became supportive to
enlighten people to aware about
the social, political, economic, cultural and legal ongoing events in the world.2
Originally, the three pillars except media that are mentioned in our Indian Constitution are known as legislature, executive
and judiciary. But, the fourth pillar ‘media or press’ was inherent in the
article of Indian Constitution3 by the Supreme Court of India through various cases.
Media is widely known to be “fourth pillar of democracy” other than the
Legislature, the Executive, and the
Judiciary. It has a significant impact on raising public awareness and changing people's perspectives. As a result, free and independent media are required to maintain democracy.
Although Part 3 Indian Constitution specifically does not directly
provide press freedom,
however the Supreme Court of India has concluded in various judgments that the freedom of speech and expression under
Article 19(1)(a) of the Constitution
clearly encompasses media freedom.
1 Fali S. Nariman, ARE
IMPEDIMENTS TO FREE EXPRESSION IN THE
INTEREST OF JUSTICE,
Vol 4, CIJL Yearbook, (1995).
2 Apoorva Sinha,
Article: Media Trial from the Lens of Indian Constitution and Judiciary, LegalDesire, March 14, 2018.
3 Article 19(1)(a), The Constitution of India
1.2
Responsibility of Media
Practically, the Press Council concerned with the issue of press
responsibility in terms of maintenance
of standards and particularly with the adjudication of complaints about the
press conduct but these frameworks done with the both
i.e., freedom and responsibility of the
press.7
The role of
media in a democracy is to promote transparency and accountability, and there
is no doubt that it performs
this role eloquently. In India, the press has unearthed many scams like the 2G scam, Commonwealth Games scam, and Harshad Mehta
stock market scam, and it should be appreciated
for this. Media also plays a pivotal role in divulging corruption in the system
and bringing out the government's inaction on many occasions to public notice,
and eventually, action
is taken. Nevertheless, conflicts arise when media transgresses its
domain and indulges in irresponsible and unethical journalism. Freedom of the press should be utilized for a public
cause rather than influencing their minds and usurping the judiciary's power.
The primary purpose of journalism has always been the same: to hold out a
mirror to society, however ugly the
sight is. With the rise of technology and mobile applications, newspapers in almost every regional language, and the
emergence of the internet, news, and information is available to everyone through
these different mediums.
This tremendous influence
makes people aware of the events happening
worldwide and regularly informs
them of public
affairs.
The media also
plays a crucial role in decreasing white-collar crimes, wealthy industrialists, corrupt officials, and celebrities trying
to eliminate court trials by bribing officials. The media monitors this contemptuous behavior and
plays an essential role in unearthing government or officials' huge scams. One cannot
deny the role which media plays in shaping contemporary people's thinking. It has done an incredible job of getting criminals
to justice in many cases, such as the Priyadarshini Mattoo rape case,
Jessica Lal murder case, and Nitish Katara murder case. Due to media recognition, the games played by IPL (Matchfixing & Betting row) beget in broad daylight came to the public's
conscience. In these situations, the media has undoubtedly played a positive role.
6 Indian Express Newspaper v Union of India, 1986 AIR 515
7
Zelman Cowen, The Responsibility of the Media, 298 British Medical
Journal, 1508-1511 (1989)
CHAPTER 2 ROLE OF MEDIA TRIAL
2.1. What is Media Trial?
We all are very well aware about the quote of Abraham Lincoln that ‘Democracy is the government for the people, of the people
and by the people.’ Here, the very essence of democracy is the opinion of the public and also the opinion of informed citizens. They are important
because they are important
protections against political leaders' despotism. “Press and Media spreads awareness amongst the citizens making it
pillar of democracy.”10 According to the Supreme Court in Benett Coleman & Co. & Ors vs. Union of India & Ors,
the drafting committee ever considered
such a need to create an article explicitly for media freedom, but it is
encompassed by the basic right to
speak freely and expression, which is granted in article 19(1)(a) of the constitution.11
Every democratic government
needs accountability for its survival.
We are aware of the fact that democracy
has three pillars i.e.,
legislative, executive and judiciary but apart from this fact,
press is regarded as the
fourth pillar of democracy and is
also considered as the watchdog for democracy.
It is seen as such since it allows for more public examination of all the other
three main pillars. The public always
gains from the press because it bridges the gap here between citizens and the people. Its goal is to
use investigative reporting to unearth the reality behind contentious subjects.
In each situation, the media plays a critical role in molding public
perception and attitude. In an endeavour
to uncover the essential reality in topics of considerable concern, it employs
actual journalism and communicates
its viewpoint to the general public. The notion of such a media trial is indeed not unique, and it has
posed a growing threat for others who seek to circumvent the judicial court system.12 Media
trial in simple terms
means the effect of media on trial
mostly in criminal
proceedings or media coverage on any person’s relation. Media built its own
public court (Janta Adalat) has
started to form public opinion
regarding the verdict of the case. It goes against some of the important principles of criminal
jurisprudence that is “presumption of innocence” and “guilt beyond
reasonable doubt”. In the media
trial, the media does the investigation, builds its own case and public opinion
and comes out with its own verdict
even before the court concludes its trial. In this way the media tries to create a presumption in the mind of the public and even the judges as a result of which accused is presumed criminal,
without his rights and liberty addressed.
10 Lexlifeeditor, Media Trials in India, Lexlife
India
11 Benett Coleman & Co. & Ors vs. Union of India & Ors, 1973 SCR (2) 757
12 Howell Collins
& Marti Cecilia,
Court of Public Opinion: How the Convicted
Perceive Mass Media have Affected Their Criminal Trials
and Personal Lives, Mass Communication, Paper 96, (2012).
CHAPTER 3 CONSTITUTION AND MEDIA TRIAL
3.1 Media Trial Vs Freedom
of Speech and Expression
The Indian constitution guarantees our freedom of speech and expression.
Our right to freely express our
emotions, thoughts, and other kinds
of expression in the open space is what distinguishes
India as a democratic nation. The media has a significant impact on our life,
both in terms of how we
express ourselves and how we influence ourselves.
About freedom of speech and expression: Opportunity can connect
with being impartial or coming up
short on any type of control or deduction from any power, sovereign or in any
case. Nonetheless, no opportunity can
be significant assuming it is totally independent. Accordingly, in each situation, certain 'sensible
limitations' apply. Article 19 of the Universal Declaration, adopted in 1948, and Article 19 of ICCPR,
adopted in 1976, both include the right to freedom of expression and expression. Article 19 (1)(a) of India's
Constitution provides that all citizens have
the freedom to speak independently of conversation and expression. This includes the ability to express one’s self views and opinions directly using
speech, writing, printmaking, pictures,
or other ways. As a result, it includes the connection of one's ideas across any open
medium or apparent depiction, such as signals, signs, and so on. The
Supreme Court of India have ruled
that the phrase "the right to free speech freely of conversation and
thought" should be understood
broadly to include the ability to articulate oneself by words, writing, or
other forms of media. As a result, it
involves the ability to put themselves out by through traditional media or any other forms of communication, such as radio and television. This liberty, however,
is subordinate to "reasonable restrictions," such as the preferences of India's sovereign
rights and integrity, intelligence services, closer ties with foreign entities,
public order, decency
or morality, or in relation to
contempt of court, defamation, or incitement to an offence, as stated in Article 19(2) of the Constitution.35
Media’s role in democracy: The terms press and media have been
interchanged. They were created to
identify institutions that are primarily responsible for gathering and disseminating news, which includes independent journals. As we all know, the media is an essential component
35 Sharma
Gopal, Law of Freedom of Press and Media in India, Dattsons;
First Edition (4 June 2018)
of any democracy. It reports on economic, political, social, and cultural
issues in a fair and balanced manner,
free of government intervention. It is
an absolute requirement for a thriving democracy. Each of our provisions was carefully considered, and it was a conscious decision not to grant the media any express authority
through the Constitution. The people of India have the same power as the country’s largest media
corporations.
The Supreme
Court emphasized in Printers (Mysore) Ltd. v. CTO36 that, although media
freedom is just not
explicitly protected as a basic right, it is implicit in democracy and free
speech. In all modern democracies,
press freedom has long been a treasured privilege, and also the press is appropriately considered to this as the fourth branch of parliament.
Freedom of
speech and expression through the press/media has long been considered an inalienable
right, much like the right to life. It is a right that exists independently of
the constitution and legal system.
The media is becoming increasingly important as time goes on. Today’s media isn’t just about accurate
reporting; it's about reporting first. Thousands of media outlets compete to break the news of who
is guilty or innocent, with irate anchors, political spokespersons, Bollywood superstars, and a religious guru with a
conspiracy theory, fumbling lawyers
stepping into the discussion box. The more sensational the breaking news
becomes, the more TRPs the channel
receives, which has a direct impact on the institution’s cash flow. We have seen open media trials staged by
major channels proclaiming whether a person is guilty or not even before the police have completed their investigation
in the last ten years. That is, in a sense,
the one disadvantage. We’ve also praised the same networks for airing a story
over 1,000 times and pressuring authorities to intervene and take positive action.
India requires
positive improvements in the operation of the press or media, but essential precautions must be made to ensure that their freedom of speech and expression is not hampered. In other words, a legislative law replacing or strengthening the Press Council
of India Act, as well as rigorous mechanisms for unjust media trials that run concurrently with the courts,
should be adopted and monitored. Political sponsorship, or funding into
any media agency by any political
party or a member
of that party, is likewise a source of heated dispute.
“A responsible media
is the handmaiden of effective
judicial administration37”
36 1994 SCR (1) 682, 1994 SCC (2) 434
CHAPTER 4
MEDIA TRIAL –
A THREAT TO JUSTICE
4.1 Effects of Media Trial
The procedure of trial is essentially carried out from the courts. The
public prosecution is undeniably
interfering with the administration of justice. The accused should be granted a
fair trial, which is a crucial
element of any legal system. India
is
a nation where
citizens are interested in hearing about upsetting and greater instances. People create
the case in their minds, and the media, by broadcasting its own interpretations of the events in papers,
news websites, other
news channels, satisfies
the public's need for exciting cases.
Democracy
refers to a social condition in which everyone has the same rights, regardless
of inherited or arbitrary differences
in rank or advantage. People may form and engage in a wide variety of activities, such as separate
labour unions, nonprofit groups, and free journalism, in a really thriving democratic, all of which strengthen political
and social cooperation.
The media trial poses a significant danger to the legal system because
it can create a bias against
the rule of law or deprive the accused a proper trial. In any instance,
a similar inquiry by both the media
might put unreasonable and excessive pressure upon that influence future, as
well as obstruct justice. The press
making a particular effort and assuming the role of judge to pursue the case and pass judgement on the
defendant even before government can reach a verdict is completely contrary to the legal system. Furthermore, the media
is indeed not permitted in conducting
such investigative work outside the jurisdiction of the appropriate court since
it contradicts the point of having an
arbitration tribunal body in the first place. Because when media sensationalises a case, millions of
individuals watching media sources or reading the paper become affected by the establishment's material and create
their individual opinions on the
case. As a result, one may argue that media trials infringe on the basic
presumption of innocence, victim, eyewitness, and all parties
involved in the case.
Public
engagement and three prominent pillars of something like the judiciary,
executive, and legislature are typical of a democracy. Nevertheless, with its increased potential
to access every
part of the country, the media has emerged also as central component. The media and government are so closely linked
that one would
be incomplete without
one another.
A strong media
is an essential aspect of a modern democracy since it serves as a conscientious custodian and watchdog of the country's
organizations, attempting to address
the flaws in our structure by drawing them to light in the hopes
of rectification.
The media freedom, just like all the other encourage students to explore
guaranteed by the Constitution, is not complete
and must be practised with prudence. The necessity for responsibility
and competence in broadcasting in a republic cannot be underestimated, given
its growing power and relevance.
Currently, the media has the ability to shape public opinion and influence how people view particular
events. "The hand that dominates the press, the radio, the television, and the widely
circulated magazine, rules the country," stated
J. Learned Hand of the United
States Supreme Court,
referring to the media's growing
significance in today's
globalised and tech-savvy society.”61
The role of media in a democracy is to promote transparency and
accountability, and there is no doubt that it performs
this role eloquently. In India, the press has unearthed many scams like the 2G scam (Essar Teleholdings Ltd vs Regr.Gen.Delhi High Court & Ors 62
), Commonwealth Games scam, and
Harshad Mehta stock market scam (Harshad S. Mehta vs Central Bureau Of Investigation63), and it should be appreciated for this. Media also plays a pivotal role in divulging
corruption in the system
and bringing out the government's inaction on many occasions to public notice, and eventually, action is taken.
Nevertheless, conflicts arise when media transgresses its domain and indulges in irresponsible and
unethical journalism. Freedom of the press should be utilized for a public cause rather than influencing their
minds and usurping
the judiciary's power.
61 Yashdeep
Lakra, Choking Freedom of Press: The Death of Mainstream Media in 2020, ACADEMIKE,
(Sept. 30, 2021, 1:16 PM), https://www.lawctopus.com/academike/media-trial-ssr-20/
62 WRIT PETITION (C) No. 57 OF 2012
63 1992 (24) DRJ 392, ILR 1993 Delhi 274
CHAPTER 5 CONCLUSION
The media are considered the fourth pillar of democracy after the
legislative, executive and judiciary. It plays an important role in raising
people's awareness and can change
the way society sees things.
Free and independent media are therefore needed to ensure democracy. Part III
of the Indian Constitution does not
specifically speak about freedom of the press. In a number of cases, however, the Supreme Court has
found that the freedom of speech and opinion enshrined in Article 19(1) of the Basic Law includes freedom
of the press. The role of the media is to inform
the public. Today,
however, the role of the media is often criticized, especially when it comes to reporting
on crime. The media sometimes goes beyond its domain and begins to interfere with the
functions of the court. Should the media therefore stop reporting criminal
cases that directly or indirectly interfere with the powers of the court?
The media began to function
as a public court. It is now conducting parallel
proceedings with the court. It does not recognize the gulf between
an accused, who is presumed
innocent until proven
guilty, and a convicted person, whose guilt has been proved beyond a reasonable doubt.
In the chapter related to Constitutional and Legal Provisions on Proceedings by the Media, it was explained that
"media proceeding" or "proceedings by the media" is a term
used to denote the negative effects
of television and newspaper coverage of pending cases in court describe. The media often creates
an atmosphere of hysteria in high-profile cases that begins with the investigation and continues through
to the trial.
Details that are passed on to the media by investigative authorities
often tend to influence the outcome of the process.
Through public hysteria,
a fair trial with logical
conclusions often leads to
public anger if it is detrimental to the perceptions created by the media and
media makers. In a country like
India, media-agnostic mob mentality
is rare. It's not that all judges are swept up
in the flood of media and spokespersons, but it does put them under
pressure. Their judgment can sometimes be insensitively criticized if it contradicts media observations.
MP Lohia v. West Bengal State75 is one of many cases in which
the Supreme Court has heavily influenced the media hearing.
It went like this: “Having
reviewed the records, we find a
75 Appeal (crl.) 219 of 2005
disturbing factor that we need to comment on in the interests of justice. Chandhni's death occurred on February 28, 2002 and the related complaint was
registered and the investigation is ongoing.
Media which is being considered as the fourth pillar of democracy,
unequivocally its role for building
nation in all aspect of growth and development is praiseworthy. With the
evolution of science and technology,
the process of learning becomes smooth. Media plays a pivotal role to enlighten the general public with the
affairs concerning people at large whether it is related to international news, local news or
judicial news. It is a way to connect with the people at large.
The true essence of a democratic nation is that the people get to know
all the affairs concerning their country
and can actually take part in order to put their views through
various media channels
by conducting fruitful debates. It is the most powerful entities for it has the the power
to influence the minds of people. The people is having
a firm belief that whatever is shown via media is true and based on facts, but with the advancement of technology and
evolution of social media platforms
it is very difficult to manage and regulate those politically motivated
channels whose sole agenda is to
create a different mindset which ultimately hampers with the feeling of people at large.
Back in 90’s there were hardly two or three media channels, the main work is to give
the brief of all
the affairs that had happened on a day to day basis but with the evolution of
technology now we are having hundreds of channels which
creates a short of competition among them to show news which is completely fabricated and only polarizes the society and the nation at large.
The role of judiciary also come into picture when we are dealing with media regarding what to express, how to express. The constitution of india do provide
its citizens a freedom of speech and expression but again it cant create a disharmony and affect the national interest
of our country.
The newly evolved word ‘Media Trial’ is very must in action with whatsoever reason it is rapidly
growing and hampering the true essence
of judiciary which is the sole governing
body to protect the fundamental basis of living. Media
trial has significantly curtailed the
reputation of media houses itself and
also creates a challenge to the judiciary
to tackle it as early as possible.
This research paper holistically aims to configure the encroachment of
media in the affairs of judiciary and acts as a path breaker to deliver justice with ease.
Indeed, even Judges come extremely close to analysis
which can either be
on their legal director lead in a simply private
limit. However, it turns
into an issue of concern
when the analysis
about the Judges is poorly
educated or altogether not on the establishment which
might tend to sabotage the confidence of individuals in the legal executive.
A Judge needs
to shield himself from such media pressure which can 'unwittingly' impact the juries
or the appointed authorities and as individuals, the adjudicators are inclined to some extent
subliminally or unknowingly to such roundabout impacts.
To some extent when we assess media in terms of knowledge it is par
excellent to keep general public
aware about day to day news affecting them. When we look at other roles being
played by media we will configure
that it highlights and exposes veracity of matter provided that it is not biased and not politically motivated act to come under
limelight.so yes we can say that media
plays a positive role in exposing veracity
of matter.
A complete prohibition of media trial is not possible in this digitalized world but a partial ban on such non
judicial judgments must be regulated and cannot be compromised.
According to the media brain research, the impact of broad communications
on the activities, way, and
considerations of people and crowds is called broad communications impact. This impact can be negative
or positive.
The pessimistic impacts of broad communications on society can lead
individuals towards destitution,
wrongdoing, bareness, savagery, terrible mental and actual wellbeing problems
and others as such extreme results. For instance, horde hitting
honest people by going overboard
from the bits of gossip
spread on the web has been normal. These unapproved news titles are the greatest
illustration of the adverse consequence of broad communications on society. Moreover, the instances of kids killing blameless people by procuring
weapons are viewed as one of the significant
pessimistic impacts of broad communications on the youngsters as they as a rule
get snatched up by inciting
reports, activity motion
pictures, and games76.
Insightful columnists investigate data and do inside
and out exploration to uncover reality and to reveal
insight into manhandles. An analytical columnist
checks current realities
out. Frequently, he does as such
for an explanation; he may, for instance, have gotten a tip from an informant
76 ‘How Mass Media Influence Our Society’ <https://www.nimcj.org/blog-detail/how-mass-media- influence- our-society.html> accessed 10 May 2022.
inside an organization or government office. Or on the other hand the
insightful writer himself might run over data that is apparently not OK and choose to examine it.77
What an insightful writer needs generally to take care of his business,
is
admittance to data. There
are many times regulations for this. In the Netherlands, the Public
Administration Act (Wob) applies. This regulation accommodates the Right to Information. At the point when an analytical writer presents a Wob-solicitation, the
person can gain admittance to a service's arrangement archives.
The media has now converted into a Janta Adalats, or 'public court,' and
has begun meddling in judicial
proceedings. The media entirely ignores the crucial gap between the convict and
the accused by upholding the core
principles of "presumption of innocence unless proven guilty" and "guilt beyond a reasonable
doubt." What is now being witnessed is a second investigation conducted by the media, known as a media
trial. It entails establishing public opinion against the suspect or accused
even before the court takes
notice of the matter, in addition to inquiry. As a result, the
public is prejudiced, and the accused, who should have been presumed innocent,
is presumed guilty, with all of his rights and liberties unrestricted.
There is a custom that the media shouldn't distribute news about a case
while it is forthcoming, particularly
on the off chance that it influences the examination. Yet, there are no
limitations on distributing the news, which could influence
the examination in regulation. Media preliminary is a
demonstration that influences the organization of the legal executive is the
assessment of the courts. The Supreme
Court has denounced the media preliminary in different cases. However, on the off chance
that there were no media requests
as of now, the veracity of the different cases could never
have come to court. For instance, in the Sathankulam occurrence, the courts are examining however then again different
realities have become visible because of the media requests. Social activists are of the assessment that regardless
of whether the court leads an examination
concerning the significant case, then again the media will keep on distributing
the request. Also, in comparative
cases, when the media brings up that
the contentions of the supportive of government police are not right, quite possibly the examination will go focused.
77 Free Press Unlimited,
‘Investigative Journalism: Unmasking
the Truth’ (Free Press Unlimited, 31 August 2020)
<https://www.freepressunlimited.org/en/current/investigative-journalism-unmasking-
truth> accessed 10 May 2022
Article Information
AN ANALYTICAL STUDY OF TRIAL BY MEDIA: WHETHER A THREAT TO OUR JUDICIAL SYSTEM
Authors: BHUMIJA KISHORE
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/05/03
- Issue 7
About Journal
International Journal for Legal Research and Analysis
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