Media Trial: An Overview In The Context Of Indian Media, Society And Judiciary

Mrudula Mahesh Kale, University of Mumbai Law Academy

ABSTRACT

The media plays a pivotal role as the fourth pillar of democracy. The term "media trial" gained prominence in the late 20th and early 21st centuries, primarily describing the influence of television (electronic media), newspapers (print media), and now new media, including social media, on an individual's reputation. It pertains to the creation of a widespread perception of guilt or innocence even before, or after, a verdict is reached in a court of law.

In the wake of the media boom in India, the press has often sensationalized news, particularly in cases involving crimes, scams, illicit activities, and political disputes. While the media endeavours to shed light on such incidents through its investigations and reporting, there are instances where the authenticity of such media coverage is questionable. As a result, it can have a prejudicial impact on ongoing cases, potentially leading to an imbalance in the quest for justice. In some cases, the truth behind incidents gets obscured, and the innocent parties may not receive the justice they deserve.

Nonetheless, it is crucial to acknowledge the critical role of the media in alerting the public to instances where cases or incidents may be subject to undue political or hidden pressures, leading to a miscarriage of justice. Media can engage in what can be termed as "media trials," but it should do so fairly and responsibly. It should not be driven solely by the pursuit of higher television ratings for news channels or sensational headlines in newspapers and on social media platforms.

Recent times have witnessed numerous instances where the media has effectively conducted a trial of an accused individual and pronounced a verdict even before the formal judgment of the court of law. The Supreme Court of India has emphasized the distinction between the functions of the media and the judiciary, categorically stating that they operate within separate spheres, and their functions should not overlap. Both institutions should refrain from using one another for the execution of their respective duties.

It has been underscored that the media should exclusively engage in journalistic activities and not assume the role of a quasi-judicial body. This is essential to preserve the integrity of the legal process. The research paper seeks to shed light on the issue of the misuse or abuse of freedom of speech and expression, particularly when it interferes with the administration of justice or the functioning of the court of law. It highlights the potentially prejudicial nature of certain media coverage, emphasizing the need for responsible reporting and the importance of upholding the sanctity of the legal process.