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Media Trial and Violation of Fundamental Right to Reputation

Article · July 2020

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 Media Trial and Violation of Fundamental Right to Reputation
1
Dr.Reetika Bansal

Ms. Vertika Bansal2

Abstract
Freedom of press is essential to potential liberty. When men cannot freely convey
their thought to one another, no freedom can be secured. Freedom of expression
exists in the beginning of a free society. Democracy can thrive not only under the
vigilant eyes of the legislature, but also under the care and guidance of public
opinion and the press in par excellence. Despite the key role attached with the
media, it is not playing its rightful role and engaging himself in politics. Though
every citizen of this country has the right to express him or her views through the
printing and or the electronic media subject to reasonable restriction imposed
under Article 19(2) of the Constitution of India. But if in anyway it infringes the
rights or reputation of any individual it amounts to the violation of fundamental
right to life.

When individuals can address letters to judges seeking justice to

helpless persons-there is violation of law. But there can be no impediments for
media representative or profession test in writing a story in the newspaper
columns drawing the attention of the courts to serious infractions of law. This
paper is written keeping in view all the constitutional and legal aspects of media
trial and its impact on society.

I. Introduction :- Media has a vital role to play in the protection of human rights and has been
playing this role throughout in every corner of the world. It is the duty and responsibility of the
media that it should bring the cases of violation of Human Rights to the notice of Government
and to the public at large. But at the time of doing it, media must take into account that the way
it reports the matter must have no adverse effect on the reputation of a person and in anyway it
should not disturb the societal harmony. 3 Access to information is attached with the proper
functioning of the democracy. So, a great responsibility is imposed on the press and the media.
It is the greatest influencing factor. The power with them carries with it an obligation to act with
responsibility and creativity. 4 The right of communicating things to the public and to the

1 Associate Professor, Department of Law, Maharishi Markandeshwar University, Mullana (Ambala),

bansalreetika80@gmail.com, 9812732333.
2 Assistant Librarian, Galgotia University, Greater Noida, vertikabansal@gmail.com .
3 A.Muntaqim, “Protection of Human Rights: National and International Perspectives”, 304(2004), Law Publishers

(India) Pvt. Ltd., Allahabad.

4 Quoted from Dr. Harpreet Kaur, “Role of Media in Protection of Human Rights”, Jour 161 AIR 2016.
 government is granted by the Constitution of India under Article 19(1) by freedom of speech
and expression.
Therefore, the freedom of press is a necessary concomitant of the freedom of
expression which involves a right to receive and impart information, without which democracy
becomes an empty slogan. The object of granting freedom to the press is that it becomes the
fourth institution outside the government which put an additional check on the three official
branches-executive, legislature and Judiciary.5

II. Role of Media and the Media Trial: Media Trial 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 or innocence before, or a verdict in a
court of law.6
The role of media is that of a responsible citizen because whenever, the rights of citizens
are violated it is expected from the media that it should respond in similar ways as that of
citizens. But sometimes media take advantage, if the news is hot and allows sensationalizing. For
popularizing its news channel, a grave violation of human rights is committed by media.
Common examples of Human Rights violation reported through media are, human trafficking,
child abuse, sexual harassment, atrocities by the police, discrimination on the basis of sex and
religion etc.
So, it is expected from the journalists that they should maintain Laxman Rekha, while
reporting human rights violation. Their responsibility is to inform the public and not to
sensationalize the issue.7
III. Power of Media: According to Lord Denning:

“The freedom of the press is extrolled as one of the great bulwarks of liberty.
It is entrenched in the Constitution of the World. But it is often
misunderstood…..It does not mean that or to break a confidence or to pollute
the course of justice or to do anything unlawful.” 8

The power of media can be easily visible from our cup of tea with newspaper. Newspapers are
the ultimate source of knowledge. Otherwise we don’t have wider knowledge about all spheres
of life. Area of information would be narrow in the absence of media. But if we consider media
as fourth pillar of democracy, it has to work with great care and caution, because every action of
media emphasis great on the public at large. It is very powerful tool which either directly or
indirectly related with public. So, media has played the role of “Social Scientist”, “Critic”,
“Evaluator of Plans and Schemes” by provoking ideas and thoughts. The power of the press is

5 New York Times v. Sullivan, 376 US 254; New York Times Company v. United States (1971) 403 US 713.
6 www.wikipedia.org, retrieved on 17th October 2016.
7 Supra Note 4 at 161.
8 D.D.Basu, “Commentary on the Constitution of India”, 2560-61 (2007), Wadhwa and Company, New Delhi, 8th Ed.,

Vol. 2.
 reflected through “public opinion” which enables the victory of opinion over armed forces of
the government. It has served as a main source of information, discussion and advocacy to reach
the public in fact it is the newspaper which people read every day and may be considered as the
only book that is daily read by the people.
IV. Role of Media viz-a-viz Right to Reputation: Right to reputation is a right relating to the right
to life, liberty, equality and dignity of the individual guaranteed by the Constitution of India and
embodied in the International Covenants and enforceable by Court of Law.
The right to reputation is inseparable part of right to life. The right to life does
not merely mean the continuance of a person’s animal existence, but a quality of life. It means
the fullest opportunity to develop one’s personality and potentiality to the highest level possible
in the existing stage of our civilization. Inevitably, it means the right to live decently as a
member of a civilized society. This right implies a reasonable standard of comfort and decency.9
However, media is playing a vital role in maintaining the dignity or reputation of a
person. Reputation is an important part of one’s life. It is one of the finer graces of human
civilization which makes life worth living.10 The Supreme Court referring to an American
decision in D.F.Marion v. Minnie Davis,11 in State of Maharashtra v. Public Concern for
Governance Trust,12 held that a good reputation was an element of personal security and was
protected by the Constitution, equally with the right to the enjoyment of life, liberty and
property. The court affirmed that the right to enjoyment of a private reputation was of ancient
origin and was necessary to human society.
Article 19(1) (a) of the Constitution of India guarantees every citizen of India the
right to freedom of speech and expression. Which means the right to express one’s opinion by
words of mouth, writing, printing, picture and in any other manner. It would thus include the
freedom of communication and the right to propagate or publish opinion. The communication of
ideas could be made through any medium, namely, through newspaper, magazine or movies.
Freedom of press has been placed on higher footing than other enterprises.
The expression “freedom” means freedom from interference with the content and
circulation of matter in the newspapers, magazines etc. but this freedom carries certain
restrictions, which cannot be ignored even by media. 13
The freedom of press is basically the freedom of the individuals to express them selves
through the medium of press. This implies that the freedom of press is in no way superior to that
of an individual. In fact the freedom is fundamental of the life of an individual. 14 If in any way
it violates the reputation of a person, it will be considered as violation of fundamental right to
life.

9 Narendra Kumar, “Constitutional Law of India”, 307 (2014), Allahabad Law Agency, Faridabad.
10 Prof. S. N. Hedge v. Lokayukta, Banglore, AIR 2004 NOC 169 (Kant.)
11 55 American LR 171.
12 AIR 2007 SC 777, State of Bihar v. Lal Krishna Advani, AIR 2003 3357.
13 Justice Palak Basu, “Law Relating to Protection of Human Rights under the Indian Constitution and Allied Laws”,

377(2004) Modern Law Publication, New Delhi.

14 Ibid at 382.
 The Supreme Court in State of U.P. v. Mohd. Naim15, laid down the following tests
to applied while dealing with the question of expunction of disparaging remarks against a
person or authority whose conduct comes in for consideration before the court of law:
1. Whether the party……is before the court and whether the court followed the rule of Natural
Justice;
2. Whether there is evidence on record, bearing on that conduct justifying the remarks; and
3. Whether it is necessary for the decision of the case, as an integral part there of to animadvert
on that conduct.

The above tests have been quoted by Apex Court in their subsequent judgments. 16 Article 19 (1)
(a) did not permit the media interfering in the administration of justice in matters sub-judice. The
Apex Court in Sidhartha Vashisht v. State (NCT of Delhi)17, recognize the significance of the
print and electronic media in the present day, pointed to the danger of serious risk of prejudice of
the media exercised unrestricted freedom in holding the suspect or the accused guilty even before
such an order passed by the court. Trial by media not only hampered fair investigation but also
amounted to travesty of justice. Somehow, it will also violate the right of reputation of a person
if he finds innocent by the court and is released by the court.

Moreover, some restrictions are also placed on the media on the freedom of speech
and expression. Article 19(2) specifies them as follows:

1. Sovereignty and Integrity of India

2. Security of the State
3. Friendly relations with Foreign States
4. Public Order
5. Decency and Morality
6. Contempt of Court
7. Defamation
8. Incitement to an Offence

In case, the media has due regard for the freedom of speech and expression as enshrined in
Article 19 of the Constitution and discharges its responsibility impartially and objectively, which
is the greatest asset of the responsible media, it will get strengthened day-to-day and demand
more and more respect in the days to come.

V. Conclusion: Unlike the American Constitution, article 19(1) does not specifically or
separately provide for liberty to the press. This omission was explained by Dr.
B.R.Ambedkar. he observed that:

15 AIR 1964 SC 703.

16 Dr. Dilip Kumar Deka v. State of Assam, (1996) 6 SCC 234, Jage Ram v. H.R.Midha, AIR 1972 SC 1140.
17 AIR 2010 SC 2352, Anukul v. Union of India, (1996) 6 SCC 354.
 “The press has no special rights, which are not to be given or
which are not to be exercised by the citizens in his individual
capacity. The editor of the press or the manager is merely exercising
the right of the expression and therefore, no special mention is
necessary of the freedom of press.”18

The media while making any report regarding a matter involving Human Rights violation must
keep in mind that they will be subject to the criticism. The individual is presumed to be innocent
till it is proved before the court that such a violation has really taken place. The media should not
present anyone like a convict unless the accusation made against him is proved. An accused
cannot be treated as a convict. Otherwise a trial can also be started against the news channel for
violating the fundamental right of reputation of any person.
In any case of violation of fundamental human right is pending before the court,
the media must try to go into its depth and try to procure as much information as it can through
its investigation techniques and present the entire information before the public in an impartial
manner. Media is increasingly getting concentrated in the hands of a few. Media has become an
industry and profit becomes a priority.
Therefore, it can be coined that media’s impartial role is very important for
democratic government, because either to inform the public and government about the grave
violation of human rights or the alert the authority to take the heed of the people’s problems- it is
the media. Thus, media may work without having influence of any political party, which can
yield good results in present and future scenario.

18 Supra Note 9 at 229.

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