“The role of mass media in investigation and its evidentiary value:

the most prominent cases”

Tutorial 1 - Interim submission

SUBMITTED BY:

Arushi Bisht

PRN-16010324310

Division-D

Evidence Law

Symbiosis Law School, Hyderabad

Symbiosis International (Deemed University), PUNE
In
13th January 2020

Under the guidance of

Dr. Sarfaraz Ahmed Khan
Mrs K. Shanthi
 INTRODUCTION
Mass media is referred to different kinds of sources like newspapers, magazines; internet,
television that carry news and information about various important issues related to politics,
finances, renowned personalities, science, and technology, etc. if we say that mass media is one
of the most important and efficient sources of news and information, it would not be inept. All
through the last decade, it also had been considered as a very efficient source of acquiring
statistics and investigate a case or event. The media have become very crucial for bringing the
allegations, corruption, and consequences of criminal actions in light. Having investigation with
the help of mass media promotes good practices in society and enables us to face challenges in
the consequences of cases. Mass media performs various roles in order to investigate and
examine the negative as well as the positive consequence of an incident or an event.

The role of media in the Indian legal system has been growing in recent times, to the extent that
nowadays media has even started to play the judicial role of deciding cases even before the trial
begins. No doubts that the coming of investigatory journalism has benefited the country in ways
more than one and it has been playing a crucial role in bringing up issues of public interest and
national interest.

Investigation on specialized issues, business points of view, government issues, debasement, and
political issues may likewise be done by the announcements, authoritative archives, and records
of individuals accessible on mass media. Mass media assists in the investigation of social fraud
based on the information available.

Different interviews, oral statements also are broadcasted on social media, which can be used for
investigation. When a legal trial or a social case trial is taking place, mass media helps to collect
important links that will support the investigation. Mass media also helps in public policymaking
and then reinforce them. At last, the utilization of the media offers a moderately adaptable
method for procuring data.

Thus, using mass media for investigation can be of great help, only if the information is filtered
well.
 RESEARCH METHODOLOGY
This research project is based on doctrinal research. All sources are secondary sources several
books, journals, media reports, online articles are used for successful completion of this research
project. By keeping objective as the requisite, the descriptive study is engaged in the time
needed. Analytical method would use to determine role of media in investigation with few case
laws to sup

RESEARCH QUESTION
This study attempts to trace and find out the answers to the following research questions:

1] Whether media investigation has an evidentiary value or not?

2] Whether media’s interference in investigation is justified or not?

RESEARCH OBJECTIVE
 To understand the evidentiary value of media investigation in the light on landmark

cases.

 To know evidentiary value of television interview and social media post in India.

LITERATURE REVIEW
Vervoort et al (2010) in ‘Stepping into futures: Exploring the potential of interactive media
for participatory scenarios’1 state that media are now being increasingly viewed as the most
effective and sought after means of communication. Media now influences all walks of our life-
personal, social and professional. Interactive media like the Internet plays a vital role in the
participatory and interactive communication globally.

Defense attorneys are concerned that defendants may not receive a fair trial due to the intense
manner in which the media covers high-profile cases. This concern stems from media
1
Vervoort, Joost & Kok, Kasper & van lammeren, Ron & Veldkamp, Tom. “Stepping into futures:
Exploring the potential of interactive media for participatory scenarios on social-ecological systems.”
(2010). Futures 42 (2009) 6. 42. 10.1016/j.futures.2010.04.031.
organizations starting to focus less on the right of the defendant to a fair trial and more on
television ratings and feeding society’s fascination with real-life criminal cases Geragos (2006)
2
believes that media coverage of a case is essential but that there needs to be a balance so that a
defendant’s constitutional right to a fair trial is not in jeopardy.

He believes that society’s desire for reality television may influence the media to make their
coverage of high-profile cases even more dramatic to their viewers, resulting in further erosion
of factual reporting.

The relationship between law enforcement and the media is complex. Different forms of media
information can alter the public perception of police in different ways and place specific
emphasis on various aspects of a story. The media is important to the criminal justice system
because it is through media consumption that the public gathers almost all of its knowledge
about criminal justice (Dowler & Zawilski, 2007)3

CHAPTERIZATION
In this research, Chapter 1, titled ‘Introduction’ in its various parts, deals with meaning of ass
media, it’s role specially in Indian legal system. And how media helps in investigation.

Chapter 2 titled ‘Admissibility of the Television interview as evidence in the Indian judicial
process’ which would be highlighting the evidentiary of a Television interview along with the
case laws such as Sajidbeg Asifbeg Mirza Vs. State of Gujarat, 4Mohd. Afzal Vs. State or
The Paliament Attack5 Case and few other case laws to support the argument.

Chapter 3 titled ‘Admissibility of Social Media Posts’ to throw light on the issue that even
social media post can be considered as an evidence to support the argument few international

2
Mark J. Geragos, The Thirteenth Juror: Media Coverage of Supersized Trials, 39 Loy. L.A. L. Rev.
1167 (2006).
Available at: https://digitalcommons.lmu.edu/llr/vol39/iss 4/2
3
Dowler, K., & Zawilski, V. (2007). Public perceptions of police misconduct and discrimination:
Examining the impact of media consumption. Journal of Criminal Justice, 35(2), 193–203. (2007).
 https://doi.org/10.1016/j.jcrimjus.2007.01.006
4
Sajidbeg Asifbeg Mirza v/s State of Gujarat (Criminal Revision Application Appeal No. 694 of 2006)
5
Mohd. Afzal Vs. State or The Paliament Attack (2003 VIIAD Delhi 1, 107 (2003) DLT 385, 2003 (71)
DRJ 178, 2003 (3) JCC 1669)
cases will be discussed in the paper such as Romano V Steelcase Inc.6, Zimmerman v Weis
Markets, Inc.,7 Allied Concrete Company v Lester8 etc to take reference as this concept is not
very common in India.

Chapter 4 titled ‘Analysis of the Study’ this chapter will deal with aspects whether media
investigation is a boon or ban? Whether admissibility of such evidence is right or not under the
governing law in India in the light of above-mentioned case laws arguments.

Chapter 5 Titled ‘Conclusion’ put forwards the findings and answer to the research question
along with the author personal opinion of the author and few suggestions.

6
Romano V Steelcase Inc.2010 NY Slip Op 20388 [30 Misc 3d 426]
7
Zimmerman v Weis Markets, Inc.PICS Case No.11-0932 (C.P. Northumberland May 19,2011)
8
Allied Concrete Company v Lester, Individually and as administrator of the Estate of Jessica lynn Scott
lester. Record Nos. 120074, 120122