HIMACHAL PRADESH NATIONAL LAW UNIVERSITY

DISCIPLINE - ENGLISH

TOPIC – MEDIA TRIAL

SUBMITTED TO: -

RUCHI RAJ THAKUR MA’AM

SUBMITTED BY: -

YASHASVI SHARMA

BBA LLB (HONS.) (SEM 1ST)

ENROLLMENT NO.: - 1120202148

MEDIA TRIAL BECOMING A BANE TO OUR SOCIETY

(Are we losing the fourth pillar of our democracy?)

From the ink of its pen to the sound of its mic, Media can build and
malign an image of a person simultaneously. Media is considered as a
fourth pillar of democracy as it plays a significant role in creating and
shaping the opinion of the society and it has the capacity of moulding
the whole viewpoint through which people make their understanding
on various events. “Media Trial is the result of electronic coverage on
a person's reputation by creating a widespread perception of guilt
irrespective of any verdict in a court of law”. There is phrase used that
is 'Trial by media' popularly to describe the effect of television and print
media coverage on a case by an attempt by the media of holding the
accused guilty even prior to his trial and regardless of any verdict in
the court of the media tends to report rumours, speculations, and
projections as facts. How does the media do this? By quoting some
"expert". As you can always find some expert who will say something
hopelessly hopeless about anything.

This word can be originated around the 20th century although phrase
“Media trials” was coined lately but the phrase had derived its meaning
from the “case of Roscoe “Fatty” Arbuckle (1921) who was declared
innocent by the court of law, but till then he lost all his reputation &
prestige along with his job after the media had declared and portrayed

1
as a “guilty” person.” Another renowned case was the trial of O.J.
Simpson (1995), where the media had promoted the case and deeply
influenced the opinions of the viewers even above the status of the
court. It is obvious that media deeply encourages or influences the
views of public.

There has been no proper legal system where the media is given the
power to try a case. As we know every coin has two sides so it is the
case with media trial and journalism, at certain instances “journalist
portrays a pre- decided image of an accused thereby tearing his/ her
reputation that can eventually affect the proceeding of trial and the
judgment, henceforth trial by media”.

Sheena Bohra murder case is a famous case in which the excruciating

eyes of the media have influenced the personal life of the main accused
Indra Mukherjee that arose a debate on the matter of media trial of the
accused. In the awake of such cases the ethics of journalism were
usually questioned at times. Media being the fourth pillar of
democracy is the very fabric and mirror of the society. It has the power
to influence and revolutionize the masses.In fact, it can change the
governments. Though India has the constitutional right to freedom of
speech and expression along with the freedom of press under the clause
19(1) (a) but, the certain limitations to its absolute freedom are stated
in its very next clause which are to be considered duting the process to
not to be ingnored of.

2
PURPOSE OF WRITING

For me media trial is a significant issue as by the means of media trial

they portray a person guilty by putting it on every news channel and on
every front page but when the same person after a few months is
declared innocent by the court of law they all stay “mum” about it as if
it never happened.I strongly believe that the apology should be as loud
as the criticism .

Being a student,media is one of the most used source for information

and being aware about what is happening in the society.So ,when I as
an individual listens to the news I would rely on it undoubtedly,they
believe in these sources as they seem to be very credible to the
individual and creates an opinion in their mind.Now let us put this in a
situation where the newspapers are decorated with headlines “PM
MISAPPROPRIATES PEOPLE’S FUNDS” ,there will be thousands
of young minds interpreting this as a “fact” even without any evidence
to the same. It is not just opinions that will be determined by these
headlines but also the decisions and actions of the future. Every single
student willing to take actions for the very same will keep on adding
like drops to an ocean. These media trials also made us realise that how
easy it is to influence or make a person believe especially
students,change their point of views via media platforms.we young
creatures find it difficult to differentiate beteween a fact and an
opinion,like when we are told in media that a person is guilty we are
not going to dig deep into the matter we are merely going to accept
them as facts and never going to turn back and see what the actual
3
verdict was. As the verdict publication of news in media is nil when the
person comes out as innocent.

HOW IT HAS INFLUENCED US?

Media trials impacts on us in a great way as the one whose trial is going
on is also a part of society. Media has forgotten the fundamental gap
between an accused and a criminal, it influences the masses by making
an innocent a culprit thereby changing the perceptions. These media
trials has helped the dejected common man in getting justice. Media
has been termed as a magic bullet that directly hits the mind of the
people. We automatically believe what media show us. The pre
decision given in aarushi murder case was not appreciable at all 'Yes!
It was her parents who killed Aarushi', we concluded before the final
judgment of the court that put a question mark on the social
responsibility of the media. As portrayal of such news often effects the
decision and opinions of people. In the 2002 Godhra riots, Narendra
Modi was accused of killing Muslims in Gujarat. The media declared
and portrayed Narendra Modi as the culprit. Besides in 2014, high court
of Gujarat gave clean chit in Godhra riots to Narendra modi but, still
most of the people believe that he was the brain behind 2002's killing
and its not easy to erase a print that media trial lefts on a person’s mind.
Henceforth, the reputation, respect and dignity suffer even after you
have been proven innocent. These trials effects our lives in a great way
by moulding our perceptions and decisions to a particular incident
because it holds that power over us and misuse of it just for the increase

4
the circulation and mere number of TRPs, revenue and entertainment
would not justify it.

Media should also maintain its code of laws and ethics, social
responsibility and credibility by not interfering in the matters of court
so early. Instead, should indulge in the research, keep a check on high
profile cases, find the evidences and keep it to them until and unless
they find the truth suppressing. Media exercises incredible influence
on the public. Newspapers, news media, radio, and television do not
only spread information but they also help in determining the stories
and topics the public will discuss.

Crimes receive wide media coverage, an aspect that presents a

challenge for defense attorneys, defendants, and prosecutors. Juries and
judges are required to be impartial when making decisions regarding a
case.However, police officers handling the criminal case might be
influenced by the media in the process of giving case-related
information. Moreover, trial media coverage, particularly the
coverage of proceedings through moot court media room discussion,
can influence the jurors’ and witnesses’ behaviors. Live media
coverage of the court proceedings can interfere with the process of a
free trial and can influence justice. Justice is vulnerable in these
situations maybe the consequence could be that justice gets denied to a
innocent man.

5
HOW IS IT AFFECTING US?

In India, media trials have assumed significance. There have been

several cases where the media had taken the case into their own hands
and declared judgment against an accused contrary to fair trials in court.
There have been quite infamous cases as well that outraged the public
and impacted the Judiciary such as The Jessica Lal case (2010) where
the media rejoiced over their efforts in bringing justice to Jessica Lal
and the trial court had acquitted the accused of all the charges. The
Priyadarshini Mattoo case (2006) where a law student was raped and
murdered and the judgment of this case was suspected to have been
influenced by Media Trial.

In India, media trials have assumed significance. There are many cases
wherever the media had taken the case into their own hands and
declared judgment against a suspect contrary to honest trials in court.
There are quite ill-famed cases still that indignant the general public
and compact the Judiciary like The Jessica Lal case (2010) wherever
the media rejoiced over their efforts in transportation justice to Jessica
Lal and also the judicature had not guilty the suspect of all the fees. The
Priyadarshini Mattoo case (2006) wherever a pupil was raped and dead
and also the judgment of this case was suspected to own been
influenced by Media Trial. This facet of media additionally pinpointed
innocent individuals within the case of Malegaon blast and Maria
Susairaj case ignoring the importance of accuracy.

6
Even Judiciary isn't free from faults. Judges and different judicial
officers being humans cannot be same to be free from faults either. they
will even be “subconsciously influenced” by media trials or media
promotion. Therefore, it becomes necessary to pass laws with
relevancy media promotion whereas an effort goes on or unfinished.
Freedom of speech i.e., Article 19(1)(a) plays a vital role within the
formation of popular opinion on social, political and economic matters.
Thus, it is same that freedom of speech is that the mother of all different
liberties.

The press has currently plausible the role of the general public
pedagogue creating formal and non-formal education possible in an
exceedingly giant scale notably within the developing world, wherever
tv or trendy communication devices aren't still accessible for all
sections of society.” generally wherever there has been high
promotion of lawsuits, the media has contended a vital role in making
panic among the viewers, creating honest trial nearly not possible.
There are grounds why the eye of the media around bound cases is
sensationally high. The grounds are:

Cases might involve youngsters or they may be thus barbaric or ugly

that the media considers it necessary to sensationalize such cases. The
case might concern a number one celebrity either as a victim or as a
suspect. In the cases wherever leading celebrities are concerned, the
influence of the media might drastically amendment the opinion of the
"fans" of such potent celebrities.

7
At a similar time, the "Right to honest Trial", i.e., an effort untouched
by extraneous pressures is acknowledged as a basic gospel of justice in
India. Legal provisions geared toward securing the same right is
contained beneath the Contempt of Courts Act, 1971 and beneath
Articles 129 and 215 of Indian Constitution (Contempt Jurisdiction that
is; Power of Supreme Court and judicature to penalise for Contempt of
itself respectively). The major concern of media are the restrictions that
are obligatory on the discussion or declaration of matters with reference
to the deserves of a case unfinished before a Court. A journalist is
control to blame for contempt of Court if he publishes something that
prejudices a ‘fair trial’ that impacts the impacts the tendency of the
Court to make a decision a cause on it deserves, no matter the character
of the continuing whether or not civil or criminal?

RECOMMENDATIONS

Lastly, remedial measures without which much of this remains empty

theorising and incantation of hope. The least media houses can do is
if they can accuse a person and displays him as a guilty person, so
when the court orders that person to be innocent then they must voice
that news of his innocence with same vigour and big headlines and
debates as well. Media trial prevention must start with awareness:
awareness of lapse, awareness of accountability and awareness of
urgent necessity and awareness of facts. Perceptions regarding
portrayal of news must change as they take news only as a medium of
entertainment and only through that means they expect revenues but in
today’s time focus should be on accuracy of news being portrayed.it
8
must start with the recognition of the paradox: external control must be
eschewed; self-regulation is the key and yet peer regulation has failed.
In relative terms, the visual media but remains woefully inadequate to
combat the degree and scope of the menace. The problem is the
conspiracy of silence, the incestuous ambiance of a peer’s exclusive
club, the “let go attitude” and the clear tribe feeling of all of having
been there and having done it. So, what to do? One possibility, of
course, is to gag the press. This is commonly done in England and
Germany — in one case to protect the right to a fair trial, in the other
to protect the dignity of the accused who is presumed to be innocent.
In the U.S., however, even if such restrictions could get through the
legislative process, a court challenge on free press grounds would be
immediately successful. But there is another way, in virtually all
jurisdictions, attorneys involved in criminal prosecutions are
prohibited from making particular kinds of public or private
statements outside the judicial process. For example, in New York,
such attorneys are not permitted to comment in ways that cast doubt on
the character, credibility or reputation of a suspect in a criminal
investigation and they are not permitted to reveal the possibility of a
plea of guilty to the offense or the existence or contents of any
confession, admission or statement given by a defendant or suspect, or
that person’s refusal or failure to make a statement, or the performance
or results of any examination or test, or the refusal or failure of a person
to submit to an examination or test, or the identity or nature of physical
evidence expected to be presented. They are not even permitted to

9
express any opinion as to the guilt or innocence of a defendant or
suspect in a criminal matter that could result in incarceration. The
purpose of these rules, of course, is avoid contaminating the jury pool
and to promote a trial by an impartial jury rather than by a raft of
sensational publicity. But these rules are ineffective. Of course, the
police could indicate the nature of the charges that would be brought
and matters of public record. But police could not give incriminating
information to the press. When police are permitted casually to release
incriminating information to the press, we may enjoy the gossip, but
we cannot responsibly claim we treat defendants fairly. To put it
another way, if fair trials are the hallmark of a civilized society, we do
not live in a civilized society. to warn, admonish, censure, express
disapproval, impose a fine upon the broadcaster and /or recommend to
the concerned authority for suspension/revocation of its license—it has
never in actual practice led to the last and very occasionally to the
penultimate penalty. It is now time to name and shame especially by
peers and to impose the maximum penalties without inhibition. If the
Doctor has to even attempt to cure, the medicine has to be bitter and
urgent. As the industry’s conscience keeper, its advisories must
increase and their slightest violation should evoke baring of its teeth,
followed not merely by snarling but by biting and biting hard. Only a
few egregious violators need to be made examples of.

10
CONCLUSION

Freedom of speech and expression is an indispensable right in each

democracy. Media conjointly enjoys constant right and in an
exceedingly broad perspective they exercise constant for the betterment
of the society. in an exceedingly competitive environment, the
participants within the media trade strive their maximum to draw in
additional audience and readers. they are going on the far side mere
facts statements and use several innovative techniques.
Sensationalizing news is not a brand-new development however
forward themselves within the role of police and judges by
investigation, collecting proof and creating a call may be a major
concern. once a criminal offense is committed it's taken as something
poignant the society and therefore state comes now because the litigant
and takings with the matter. The criminal justice system followed in
Asian nation relies on the idea that a defendant is entitled to truthful
trial and is innocent till evidenced guilty on the far side any affordable
doubt. however, the media on an account of exclusive coverage media
goes an extended thanks to cowl and publish interviews of witnesses,
victim’s relatives, comments of the members of legal fraternity, which
can cause prejudice to the trial proceedings within the specific judicial
mind. indeed, this affects the perception of the general public at giant
as a result of media reaches out the mass promptly. within the previous
couple of decades, we've got witnessed zoom of media influence within
the method of access to justice in embarrassment of cases regarding
corruption, rape, harassment, murder etc. Media activism imposes an

11
indirect pressure on the adjudicating authorities to deliver justice to the
victims that may interfere with the trial proceedings could cause
prejudice to the defendant and an opportunity of proving his innocence.
The system might have several flaws, the media ought to facilitate to
cope with the issues in system however instead of that they started
enjoying the role of investigator and finding the guilt of the persons,
which may lead to confusion within the mind of individuals at giant
and there's invariably a risk of manipulation and innocent people could
also be involved. the case raises few necessary legal problems initial is
defendant person’s right to get truthful trial another side of the matter
is victim’s right. Media has vied the role of conducting checks on
functioning of all organs of the govt and has nevertheless managed to
emerge as a forum for public voice and opinion. Media trial throughout
investigation stage, contempt of court, carefree reportage and
packaging on the sub judice matters and also the constant pressure to
remain competitive within the market has currently junction rectifier to
overstepping of boundaries by the media. Under the hood of “Media
Trial”, wherever the media itself conducts a separate investigation,
builds public opinion against the defendant even before the court takes
cognizance of the case, by this manner it prejudices the public and also
the judges and as a result the defendant, that ought to be assumed
innocent, is plausible as a criminal. The role of media within the
administration of justice is incredibly necessary, the recent trends in the
trend of investigatory journalism results in an offer over importance to
crimes, criminal activities, trials, development of cases in courts,

12
acquittal or conviction of the defendant, this stuff has an effect on the
truthful trial. The trial by media influence the witness conjointly, the
witness might modify their depositions in tune with media reports and
vox populi created by the media. The continual reports in media might
leave witnesses in an exceeding state of confusion and that they might
be deviated from what they need to be seen or detected. The packaging
generated by 24/7 media coverage of an occurrence typically tends to
distort and recreate the crime scene succeeding viewers together with
judges to see it and acquire influenced by constant. The criminal justice
system considers the defendant innocent till evidenced guilty. The idea
of a truthful trial that is once more an important principle of the justice
system, gets undervalued thanks to media trials. This applies to spirited
media has been opposed by varied teams as being against the interest
of the defendant and also the principle of the criminal justice system,
the problem is in dialogue for an extended time while not a concrete
answer until now.

The step is just too inadequate to cope with the administration of justice
under the top of the media trial. therefore, a separate law is needed in
India to regulate media from unduly interfering with the administration
of justice beneath the pretext of media trial. Media trials at times
invokes the atmosphere of mob lynching or influences the perception
of general public but it also plays a very crucial role in moulding the
mindset of the present generation and does an outstanding job in
bringing the criminal on the hook.

13