A PROJECT REPORT ON:

“MEDIA TRIALS AND LEGAL TRIBULATION: A CRITICAL

ANALYSIS”
MEDIA LAW
SESSION 2023-2024

SUBMITTED BY.
RAHUL KRISHNA SAHU

STUDENT OF LL.M. ONE YEAR PROGRAMME

ROLL NO: MU23LLM1Y047
STUDENT UNIQUE ID: 232694
1th SEMESTER

UNDER THE GUIDANCE OF:

Ms. TITHI VERMA
SUBJECT TEACHER
MEDIA LAW
 ACKNOWLEDGEMENT

I would like to express my deepest and earnest gratitude to, Ms.

TITHI VERMA faculty for MEDIA LAW School of Law MATS
University, for giving me this opportunity to do a project on such a
valuable topic of MEDIA TRIALS AND LEGAL TRIBULATION: A
CRITICAL ANALYSIS, I am grateful for the assistance, guidance,
and support that were extended during excellent research. I am also
thankful to the college administration for providing the resources
necessary for the research work. I thank my parents and friends their
moral support and love throughout my research work and project
preparation. Above all I thank the God almighty for blessing me with
the health and the vitality to complete this project.

RAHUL KRISHNA SAHU

ROLL NO: MU23LLM1Y047
STUDENT UNIQUE ID: 232694
1th SEMESTER LL.M.
 CERTIFICATE

I am glad to submit this project report on MEDIA TRIALS AND

LEGAL TRIBULATION: A CRITICAL ANALYSIS as a part of my
academic assignment. I think this would be significant for academic
purposes as well as prove information to all the readers. Here though I
declare that this paper is an original piece of research and the
borrowed text and ideas have been duly acknowledged.

Faculty Signature

________________
 DECLARATION

I, RAHUL KRISHNA SAHU, ROLL NO: MU23LLM1Y047

STUDENT UNIQUE ID: 232694, 1th SEMESTER LL.M. SCHOOL
OF LAW, MATS UNIVERSITY RAIPUR, (C.G) do hereby
declare that, this project is my original work and I have not copied
this project or any part thereof from any source without
acknowledgement. I am highly indebted to the authors of the books
that I have referred in my project as well as all the writers of all the
articles and the owners of the information taken from the website for
it. It is only because of their contribution and proper guidance of Ms.
TITHI VERMA, that I was able to gather light on the subject.

RAHUL KRISHNA SAHU

ROLL NO: MU23LLM1Y047
STUDENT UNIQUE ID: 232694
1th SEMESTER LL.M.
 TABLE OF CONTENTS

1. Introduction
2. What is Media Trial
3. Media: The watchdog of democracy
4. Media Trials and society
5. Impact of Media Trial
1. Media Trials vs. Freedom Of Speech and Expression
2. Media Trials vs. Fair Trials
3. Violation of Human Rights
4. Is media trial a contempt of court
6. Effect of Media Trials
7. Effect of Media Trials on Individual
8. Impact Of Media Trials on Judiciary
9. The Supreme Court on Media Trails
10.Restriction on reporting
11.Conclusion
12.Bibliography
 INTRODUCTION
Media is regarded as one of the pillars of democracy. The freedom of press is
regarded as “the mother of all liberties in a democratic society.” 1 A responsible
press is a handmaiden of effective judicial administration. ‘Trial by media' is a
recently coined term and is used to denote a facet of ‘media activism.' It means
“the impact of television and newspaper coverage on a person's reputation by
creating widespread perception of guilt regardless of any verdict in a Court of
law. There is no legal system where the media is given the authority to try a
case. Trial is essentially a process to be carried out by the courts and is
associated with the process of justice. It is the indispensable component on any
judicial system that the accused should receive a fair trial.

However, unfortunately, many times, in the race to be first, the facts are more or
less overlooked. Hence, in the current situation, it is important to consider how
wisely the media plays its role. In many cases, we have seen that the media runs
parallel trials of a person or a case, especially if it is the case of any actor,
politician or public figure. Such parallel-running media trials affect many other
aspects of society and laws.

Media trials, characterised by sensationalised coverage and public scrutiny,

have become an integral part of today’s news landscape. While the media plays
a crucial role in informing the public, the impact of media trials on both society
and the judiciary raises important questions about ethics, fairness, and the rule
of law

In India, trial by media has assumed significant proportions. 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.

1
In re Harijai Singh, AIR 1997 SC 73.
 WHAT ARE MEDIA TRIALS

Every now and then, we find some or other discussions, debates and
investigations going on in social or other forms of media.
Generally, trials are run by judicial bodies in order to decide a particular case. In
a similar fashion, when the media, before the judgement of the court, runs such
parallel trials in any manner, then such trials are known as media trials. Herein,
the media acts like any investigative agency and covers the case thoroughly.
In such trials, the media coverage directly portrays the accused as a criminal,
which is a complete violation of the law. Any under-trial prisoner cannot be
treated as a criminal until and unless proven guilty. Media trials take place,
especially when any celebrity or other famous public figure is involved. Other
than that, in cases of murder or rape, it takes place very often.
Some famous such cases are the Aarushi Talwar Murder case, wherein her own
parents were made and portrayed as murderers. Later, they were acquitted by
the Allahabad High Court. In the Nirbhaya Rape case, the media made it a
public movement but in many of the channels, the victim’s character was
questioned. When such a heinous crime takes place, the media is supposed to
act responsibly. However, such an act by the media should be criticised.
Questioning the victim’s character leads to demotivating other victims from
raising their voice against such a crime.

MEDIA: THE WATCHDOG OF DEMOCRACY

Media has undoubtedly played a tremendous role in bringing justice to the

disadvantaged people. One cannot gag the press due to the heroic role it played
in cases which are commonly known as ‘Billa Ranga case', ‘Baba Nirankar',
‘Sudha Gupta' and of ‘Shalini Malhotra'.
Without an active media, the cries of the victims of brutal khap killings of
Haryana would have gone unheard. The fear of khap and the backing of police
and politicians allowed this barbaric tradition to continue for long till they came
out in front of the world through the media. Many other cases like the Arushi
Murder Case, Jessica Lal Murder Case, Ruchika Girhotra Case and even the
games played in IPL Row was brought out into broad daylight because of the
laudable efforts of media. This is certainly a very positive and welcome act from
the part of the media.
The media is now a full -fledged business. The name of the game is ratings,
viewer ship, eyeballs and advertisements. In the scheme, news is whatever sells.
This means anything that catches and grabs the attention of people, or, in other
words, ‘sensationalism'. The present day trend in news reporting manifestly
points out that Journalism and ethics stand apart. Journalists and media persons
are supposed to be distinctive facilitators for the democratic process to function
without hindrance. The ethics that the media must embrace includes virtues like
accuracy, honesty, truth, objectivity, fairness, balanced reporting, respect and
autonomy. These virtues are very much part and parcel of the democratic
process.
It is unfortunate that these days the media people are overcome by materialistic
considerations rather than professional ethics and sincerity towards the
profession. The journalists and reporters are compelled to meet deadlines,
satisfy media managers by meeting growing targets and so on. Coupled with
this there is also cut throat competition between different media houses and
newspaper organisations. To win the race, they have begun to publish and
present what the ‘public is interested in' rather that what is for ‘public interest.'

MEDIA TRIALS AND SOCIETY

Society’s perspectives are in some way based on what they watch or listen to;
eventually, their perspectives are based on what media shows them or what has
been created by other people on such platforms. In a country like India, where
everyone has their own derived judgements, media trials add to it.
Even before any proper investigation, just on a prima facie basis, media trials
create an image of the accused as a criminal. It directly violates his right to
privacy and a fair chance to gain justice.
In this situation, society begins to criticise and distance itself from both the
individual and their family. Without any kind of investigation or punishment,
they live the life of a criminal. Such social behaviour disturbs the accused as
well as his family. It creates an environment of mental distress and harassment.
Not only that but it would even have a psychological impact on the accused and
his/her family, especially if the accused is not guilty.

IMPACT OF MEDIA TRIALS

1. MEDIA TRIALS VS. FREEDOM OF SPEECH AND EXPRESSION

Freedom of speech plays a crucial role in the formation of public opinion on

social, political and economic matters. Similarly, the persons in power should
be able to keep the people informed about their policies and projects, therefore,
it can be said that freedom of speech is the mother of all other liberties.2

Keeping this view in mind Venkataramiah, J. of the Supreme Court of

India in Indian express newspapers pvt. Ltd. Vs union of India3 has stated:

“freedom of press is the heart of social and political intercourse. The press has
now assumed the role of the public educator making formal and non-formal
education possible in a large scale particularly in the developing world, where
television and other kinds of modern communication are not still available for
all sections of society. The purpose of the press is to advance the public interest
by publishing facts and opinions without which a democratic electorate
[Government] cannot make responsible judgments. Newspapers being
purveyors of news and views having a bearing on public administration very
often carry material which would not be palatable to Governments and other
authorities.”
The above statement of the Supreme Court illustrates that the freedom of press
is essential for the proper functioning of the democratic process. Democracy
means Government of the people, by the people and for the people; it is
obvious that every citizen must be entitled to participate in the democratic
process and in order to enable him to intelligently exercise his right of
making a choice, free and general discussion of public matters is absolutely

2
Freedom of press of India: Constitutional Perspective http://www.supremecourtcases.com/index2.php?
option=com_content&itemid=1&do_pdf=1&id=6752 (last visited on 21/10/2017 at 00:05)

3
(1985) 1 SCC 641 at p.664, para 32.
essential.4 This explains the constitutional viewpoint of the freedom of press in
India.

In Printers (Maysor) ltd v CTO5 the Supreme Court has reiterated that though
freedom of the press is not expressly guaranteed as a fundamental right, it is
implicit in the freedom of speech and expression. Freedom of the press has
always been a cherished right in all democratic countries and the press has
rightly been described as the fourth chamber of democracy.

It therefore received a generous support from all those who believe in the free
flow of the information and participation of the people in the administration; it
is the primary duty of all national courts to uphold this freedom and invalidate
all laws or administrative actions which interfere with this freedom, are
contrary to the constitutional mandate.

In R Rajagopal V State of TN6 the Supreme Court of India has held that
freedom of the press extends to engaging in uninhabited debate about the
involvement of public figures in public issues and events. But, as regards
their private life, a proper balancing of freedom of the press as well as the
right of privacy and maintained defamation has to be performed in terms of the
democratic way of life laid down in the Constitution.

Therefore, in view of the observations made by the Supreme Court in various

judgments and the views expressed by various jurists, it is crystal clear that the
freedom of the press flows from the freedom of expression which is
guaranteed to all citizens by Article 19(1)(a). Press stands on no higher footing
than any other citizen and cannot claim any privilege (unless conferred
specifically by law), as such, as distinct from those of any other citizen.
The press cannot be subjected to any special restrictions which could not be
imposed on any citizen of the country.
4
Meneka gandi vs uoi
5
1994 2 scc 434
6
1994 6 SCC 632
 2. MEDIA TRIALS Vs. FAIR TRIAL

Trial by media has created a “problem” because it involves a tug of war

between two conflicting principles ‐ free press and free trial, in both of
which the public are vitally interested. The freedom of the press stems
from the right of the public in a democracy to be involved on the issues of
the day, which affect them. This is the justification for investigative and
campaign journalism.

At the same time, the “Right to Fair Trial”, i.e., a trial uninfluenced by
extraneous pressures is recognized as a basic tenet of justice in India.
Provisions aimed at safeguarding this right are contained under the Contempt
of Courts Act, 1971 and under Articles 129 and 215 (Contempt Jurisdiction-
Power of Supreme Court and High Court to punish for Contempt of itself
respectively) of the Constitution of India. Of particular concern to the media
are restrictions which are imposed on the discussion or publication of matters
relating to the merits of a case pending before a Court. A journalist may thus
be liable for contempt of Court if he publishes anything which might prejudice
a ‘fair trial' or anything which impairs the impartiality of the Court to decide a
cause on its merits, whether the proceedings before the Court be a criminal or
civil proceeding.

The media exceeds its right by publications that are recognized as prejudicial
to a suspect or accused like concerning the character of accused, publication of
confessions, publications which comment or reflect upon the merits of the
case, photographs, police activities, imputation of innocence, creating an
atmosphere of prejudice, criticism of witnesses, the Indian criminal justice
system. It encompasses several other rights including the right to be presumed
innocent until proven guilty, the guilt is to be proved beyond reasonable doubt
and the law is governed by senses and not by emotions the right not to be
compelled to be a witness against oneself, the right to a public trial, the right to
legal representation, the right to speedy trial, the right to be present during trial
and examine witnesses, Etc.
In Zahira Habibullah sheikh v. state of Gujarat 7 , the Supreme Court
7
2055 2 scc jour 75
 explained that a “fair trial obviously would mean a trial before an impartial
Judge, a fair prosecutor and atmosphere of judicial calm. Fair trial means a
trial in which bias or prejudice for or against the accused, the witnesses, or the
cause which is being tried is eliminated.”

Right to a fair trial is absolute right of every individual within the territorial
limits of India vide articles 14 and 20, 21 and 22 of the Constitution. Needless
to say right to a fair trial is more important as it is an absolute right which
flows from Article 21 of the constitution to be read with Article 14. The right
to freedom of speech and expression in contained in article 19 of the
constitution. Article 19(1) (a) of the Constitution of India guarantees the
fundamental right to freedom of speech and expression. In accordance with
Article 19(2), this right can be restricted by law only in the “interests of the
sovereignty and integrity of India, the security of the State, friendly relations
with Foreign States, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offence.”
“In cases of state of kerla vs. bhaskarain and shiv ji sahib rao vs state of
Maharastra, by analyzing these two cases, one can obserνe that Criminal law
has two purposes i.e., to suppress, Criminal enterprise and punish the guilty for
this purpose, a requisite procedure should be followed as per Cr.P.C. A
miscarriage of justice may arise from the acquittal of guilty as well as from
conνiction of the innocent.
0ne of the cardinal principles, which should always kept in mind is the
presumption of innocence, however it is observed in media trial. Generally,
observed in media trials that near suspicion or hearsay evidence or alleged
confession by so called accused to the police are used as scoops by the
journalists served to public as breaking news.”

3. VIOLATION OF HUMAN RIGHT

The responsibility of the media is greater than the responsibility of an
individual because the media has a larger audience. The freedom of press
should neither degenerate into a license to attack litigants and close the door of
justice, nor can it include any unrestricted liberty to damage the reputation of
respectable persons.
The infringed privacy and tainted reputation of certain persons has become an
inevitable by product of extra snooping done by media. Suspects and accused
apart even the victims and witnesses suffer from excessive publicity and
invasion of privacy rights. In the famous Jessica Lal Murder Case8 where
Manu Sharma was tried and convicted for murder, the court held that “There is
danger, of serious risk of prejudice if media exercises an unrestricted and
unregulated freedom such that it publishes photographs of the suspects or the
accused before the identification parades are constituted or if media publishes
statements which out rightly hold the suspect or accused guilty even before
such an order has been passed by the court.” In the aforementioned case,
certain articles immediately after the date of occurrence caused confusion in
the mind of the public as to the description and number of actual assailants /
suspects. It is absolutely not fair to cause taint to the reputation of a person by
creating widespread perception of guilt, regardless of any verdict in a court of
law. In the recent times, a congress minister in the coalition Government of
Jammu and Kashmir had to resign after revelations of his sexual advances and
molestation became public. Tarun Tejpal and Justice AK Ganguly were in the
dock for the same reason. Such kinds of ‘Trial by Media' have become
common and rife after deregulation of the media and proliferation of visual
media.
It is absolutely not fair to taint the reputation of a person by creating
widespread perception of guilt, regardless of any verdict in a court of law. The
suspect gets negativei publicity and later even if the court finds him innocent,
his future remains uncertain because of the stories cooked up by the media.

4. IS MEDIA TRIAL A CONTEMPT OF COURT

Trial by Media is Contempt of Court and needs to be punished. The Contempt

of Court Act defines contempt by identifying it as civil9 and criminal10.
Criminal contempt has further been divided into three types:

1. Scandalizing

2. Prejudicing trial, and

3. Hindering the administration of justice.

Prejudice or interference with the judicial process: This provision owes its
origin to the principle of natural justice; “every accused has a right to a fair
8
Sidhartha vasisht v. state Air 2010SC 2352
9
Section 2b
10
Section 2a
trail” clubbed with the principle that “ Justice may not only be done it must
also seem to be done”. There are multiple ways in which attempts are made to
prejudice trial. If such cases are allowed to be successful will be that the
persons will be convicted of offences which they have not committed.
Contempt of court has been introduced in order to prevent such unjust and
unfair trials. No publication, which is calculated to poison the minds of jurors,
intimidate witnesses or parties or to create an atmosphere in which the
administration of justice would be difficult or impossible, amounts to
contempt.11Commenting on the pending cases or abuse of party may amount to
contempt only when a case is triable by a judge. 12No editor has the right to
assume the role of an investigator to try to prejudice the court against any
person.13

The law as to interference with the due course of justice has been well stated
by the chief Justice Gopal Rao Ekkbote of Andhra Pradesh High Court in the
case of YV Hanumantha Rao v KR Pattabhiram and aur.14
Fair trial Parties have a constitutional right to have a fait trial in the court of
law, by an impartial tribunal, uninfluenced by newspaper dictation or popular
clamour. 15 What would happen to this right if the press may use such a
language as to influence and control the judicial process? It is to be borne in
mind that the democracy demands fair play and transparency, if these are
curtailed on flimsiest of grounds then the very concept of democracy is at
stake.
The concept of ‘denial of a fair trial' has been coined by authoritative judicial
pronouncements as a safeguard in a criminal trial. But what does the concept
‘denial of fair trial' actually mean:
The conclusions of the judicial decisions can be summed as follows:
The obstruction or interference in the administration of justice νis a νis a
person facing trial. The prejudicial publication affecting public which in term
affect the accused amount to denial of fair trial. Prejudicial publication
affecting the mind of the judge and Suggesting the court as to in what manner
the case should be preceded.
The publisher of an offending article cannot take shelter behind the plea that

11
12 AIR 1943 lah 329(FB)
12
Subhash Chandra v. S. M. Agarwal, 1984 Cri LJ 481(Del)
13
Dm v. MA Hamid Ali Gardish, AIR 1940 Oudh 137
14
Cooper v. People (1889) 6 Lawyers Report Annotated 430(B)
the trial to which the article relates to isn't then in progress nor immediately to
be begun but it has to occur at a future time. 16 Our law of contempt however
does not prevent comments before the litigation is started nor after it has
ended.

EFFECT OF MEDIA TRIALS

In the Indian Constitution, there is a fair division between freedom and

restrictions. However, many times, the media tends to forget it. Which leads to
violations of the provisions and has many aftereffects.
 Ultra-vires right: under Article 19(2) of the Indian Constitution, it
gives freedom to express opinion freely with reasonable restrictions. The
reasonable restrictions are imposed in the interests of the sovereignty
and integrity of India, the security of the state, friendly relations with
foreign states, public order, decency or morality or in relation to
contempt of court, defamation or incitement to an offence. Hence, the
press’s freedom of speech and expression is not unfettered. One must
not forget that the right is given for opinions and not trials. This is a
clear violation of its and others’ rights.
 Risk of riots: The impact of media on society is huge and thereby the
media has to act responsibly or else it would create a chaotic,
uncontrollable situation. There are many such sensitive situations
wherein media trials would lead to communal violence or regional group
violence or may even accelerate violence. Media trials are often based
on primary information, which may even be misleading to society,
especially in such sensitive times.

EFFECT OF MEDIA TRIALS ON AN INDIVIDUAL

Media trials can invade one’s privacy and disrupt their peace. It becomes a
challenge for an accused to live in society and continue with his/her normal
routine. It may even result in the person’s unemployment, even if he/she is
not guilty.
 Reputation: The reputation of the accused gets destroyed in the media
trials without any certain judgement. At times, even the victim’s
personal information is publicly exposed on television and in
 newspapers. For instance, in the Kathua Gang Rape case, the identity of
the minor victim was disclosed. For which the Court barred the media
according to the Prevention of Children from Sexual Offences Act,
2012. This can have adverse effects on the victim’s life.
 Mental distress: The ongoing legal trials and constant exposure of the
same issue in the media can exacerbate the mental distress of the victims
and their family members. The creation of such an environment can
further lead to traumatic situations. In the urge to get more views or
have higher TRPs, the media gets greedy and does not really care about
an individual.
 Breach of privacy: According to the Indian Constitution, under Article
21, it is a citizen’s fundamental right to have the right to privacy, which
the media seems not to understand. In the case of Sushant Singh Rajput,
the media intensely covered it and even showed his personal diary to the
world. The media’s role again here was widely criticised.

IMPACTS OF MEDIA TRIALS ON THE JUDICIARY

 Societal pressure: Due to media trials, huge societal pressure is built on

judges, which makes it difficult for a judge to conduct a free and fair
trial for the accused. This may make it difficult for the judges to be
impartial and not form an image of the accused. Many times, it may
have an influence on the judgements of the court as an image is already
portrayed.
 Lowers the authority of the court: In the case of 26/11 even before the
court announced their judgement, the media declared that the accused
would be awarded the death penalty. Indirectly, it reduces the
importance of the courts and lowers their authority by connecting the
case with emotions and societal pressure. The judgements of the court
have to be in accordance with the law and its process. Wherein the
media trials directly hinder it. Only the judiciary has the power to decide
or declare any kind of punishment for any accused.
 Disruption to administration of justice: Under the constitution, even
for heinous crimes, the fair process of law has to be followed and
accordingly, the punishment has to be given. Due to the influence of the
media and its coverage of certain cases, there is a complete disruption in
 the administration of justice. The media is just allowed to give relevant
updates to the public in a factual manner but the media does interfere
and disturb the process.

THE SUPREME COURT ON MEDIA TRIALS

There are multiple cases where the Supreme Court has pointed out media trials
and emphasised the media’s importance of acting responsibly.
Air India Urination case (2023)
In one of the incidents wherein the allegations were made against a man that
he had urinated on an Air India flight. The court clearly showed its concerns
over the news channel for being “TRP-driven”.
The bench of Justices KM Joseph and BV Nagarathna said, “He was called
names. He was denigrated. Everyone has the right to dignity.” Indeed, in the
race to being most popular the news channel forgets the individual’s life and
his/her privacy.
Pradyuman Thakur case (2017)
This case was a perfect example of how a media trial had detrimental effects
on the accused.
Facts of the case: A seven year old boy in Haryana was found dead with many
injuries. In the initial proceedings, his bus conductor was charged with murder
but later found innocent. This case was further transferred to CBI, where an
unnamed sixteen year old student from the same school has since been charged
with his murder.
Media trial effects on the case: the media had declared the bus conductor a
criminal for murdering the student without any kind of judicial trial. Which
resulted in no lawyer being ready to represent the bus conductor. The media
had defamed him in such a manner that he was removed from his job and his
career was badly affected by the same.
Just on the basis of mere speculations in the media, the person had to suffer a
lot. Definitely, things could have been better if the media had acted
responsibly.
Sushant Singh Rajput case (2020)
In this famous case, Rhea Chakraborty, the accused, was constantly followed
by the media and was subjected to character assassination. She was in a
relationship with the actor but was still accused of practising black magic on
him. Constantly, her images and chats were published in the media.
Media trials were run to such an extent that the Bombay High Court held that a
media trial interferes with the administration of justice and could lead to
obstructing the investigation and administration of justice.
Analysis: If the media were to be fully regulated, it would result in the
disappearance of press freedom in the country. There would be a controlled
media system in a country, which can be even more dangerous for us. At the
same time, regulating media trials is equally important. It is really high time
now that the media strictly follow ethical journalism and maintain a certain
level of privacy.
The laws must be made to enforce the Press Council guidelines and other
regulations. The media licencing laws need to be strict now, and strict laws
must be made regarding their suspension and renewal. The laws must draw a
line between freedom of the press and the right to privacy. Both the judiciary
and media can work in their accordance and one does not interfere in other
work. The trials can be reduced only if the media platforms get rid of their
TRP games. Responsible media is a desperate need in India, especially for the
youth of India.

RESTRICTION ON REPORTING
CODE OF JOURNALIST ETHICS:
This code had been prepared by All India Newspaper Editors Conference and
Indian federation of working journalist as also the code formulated by United
Nation Sub- Committee on freedom of information and press.
India should observe some restrain and on reports and comments. Publication of
news and facts and right of fair comment should be defended. Factually
accurate information.
Unconfirmed news shall be identified and treated as such. Personal interest
should be influence professional conduct.
Inaccurate report should be ratified and publicity of the same done.
Public confidence in integrity and dignity of profession as journalist should be
maintained.
Acceptance of bribe or inducement or any such act/demand an exercise of
denying or giving out information should be avoided.
The carrying on of personal controversies, where no public issue is involved
should be considered as derogatory of profession.
Unfounded acquisition should be avoided. In obtaining news, or pictures,
reporters and press photographers, shall not due anything that will cause, pain
or humiliation to innocent or otherwise distressed persons.

CONCLUSION
It has to be remembered that freedom of expression is not absolute, unlimited
or unfettered. The judiciary is peopled by judges who are human, and being
human they are occasionally motivated by considerations other than an
objective view of law and justice. No judge is completely impervious from the
influence of the hype created by the media.
The media must exercise better self-regulation. It is expected of persons at the
helm of the affairs in the field of media to ensure that the trial by media does
not hamper fair investigation by the investigating agency, and more
importantly does not prejudice the defence of accused in any manner
whatsoever. It will amount to travesty of justice if either of this causes
impediments in the accepted judicious and fair investigation and trial.
In order to stifle free speech and comments on the court, even an occasional
exercise of the power of court to punish the condemners is enough to deter
most persons form saying anything that might prejudicially affect any trial
proceeding or tend to transgress the natural justice principles.
If government starts regulating the media, the whole purpose would be
defeated. Instead the better option would be robust and civic engagement by
the people with their polity and political class. In other words the engagement
that is both adversarial and co-operative. An educated, cultivated and engaged
civil society can be the best watchdog over governments and the media. This
would restore and balance the polity and accord a semblance of normalcy
among the institutions of the country.
 BIBLIOGRAPHY

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media-trials-india/
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trial-by-media-before-courts-law-essay.php#ftn5
4. https://timesofindia.indiatimes.com/india/air-india-urination-case-i-did-
not-pee-on-woman-accused-shankar-mishra-tells-court/articleshow/
96964484.cms
5. https://blog.ipleaders.in/famous-cases-media-trials-india
6. https://www.thehindu.com/news/cities/mumbai/sushant-case-media-
trial-can-affect-probe-says-hc/article33600567.ece
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