Prashi Rana, Uttaranchal University, Law College Dehradun
Dr. Manish Bharadwaj, Law College Dehradun
ABSTRACT
The function of media has become highly significant in today's socio- economic landscape, particularly in countries like India. It is widely acknowledged that "media" serves as the fourth pillar of Indian democracy. An individual who is accused of a crime has the right to a trial that is impartial, equitable, just and should look and feel the same in the public eye. Furthermore, an accused is considered innocent until proven guilty by a court of law, as dictated by the principles of criminal jurisprudence. Nevertheless, the media often exceeds its boundaries by providing excessive coverage and featuring interviews with witnesses or relatives of victims, thereby forming a biassed opinion regarding the guilt of the accused, even when the case is still being decided in a court of law. This has a proclivity to bias the mindset of the court, the prosecutor, and the broader public as a whole. Hence, it has become necessary to strike a balance between the two fundamental rights. Therefore, it is now imperative for the courts to provide suitable guidelines regarding the reporting of topics that are under judicial consideration.
India's legal foundation is established by the Press Council Act of 1978 and the Contempt of Courts Act of 1971. These regulations regulate the conduct of the media, ensuring compliance with moral standards and protecting the independence of the press. Illustrations of the court safeguarding press freedom by dismissing unjust limitations can be seen in the cases of Romesh Thappar v. State of Madras and Brij Bhushan v. State of Delhi. The Sushant Singh Rajput case and similar recent instances underscore the importance of ethical journalism in safeguarding against the impact of public opinion and legal processes, as they demonstrate the dangers of impulsive media judgments.
Keywords: Media, Media Trial, Freedom of expression, Contempt of court.
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