• NAME- SASWATI DAS

• ​SUBJECT- JOURNALISM AND MASS COMMUNICATION

• ​PAPER CORE- CC10

• STUDENT ID- 2100323​

• WBSU REG. NO.- 1032121400273

• ​SEMESTER- 4th​

• YEAR- 2022-23
MEDIA TRIAL/ TRIAL
BY MEDIA
PRESENTED BY
SASWATI DAS
Overview
•What is Media Trial?
•Role of media on the society
• What about the freedom of press?
• Is it necessary to regulate media?
• Impact of Media Trials
•What should media actually do?
• Recent cases
 WHAT IS
MEDIA TRIAL
Trial by media is a phrase popular in the late 20th
century and early 21st century to describe the
impact of popular media like television and
newspaper coverage on a person's reputation by
creating a widespread perception of guilt or
innocence before, or after ,a verdict in a court of
law.
In recent times there have been numerous
instances in which the media has conducted the
trial of an accused and passed the verdict even
before the court passes its verdict.
ROLE OF MEDIA ON THE SOCIETY

•Media freedom reflects the right of citizens to information, further

crystalized by the enactment of the Right to Information Act in 2005. Access
to unadulterated information and many shades of opinion is the essence
of democracy.

•The media plays a key role in shaping and changing the opinions of
society. However, it is pertinent to look at its professionalism and ethics
considering that media trials are often conducted in various mediums.

•There has been many cases where the media had taken cases into its
own hands and declared and accused guilty even before the court has
given it decision.
 FREEDOM
OF PRESS
• Freedom of the media is the freedom of people as they should be informed of
public matters. It is, thus, needless to emphasis that a free and a healthy press us
indispensable to the functioning of democracy.
•A democratic society's basic essence lies in free speech prevailing one's ideas,
propagating information and knowledge ,debating on topics, expressing their views.
•Restraining individuals from expressing their social, economic and political views
would be a bane to their fundamental right to express and speak. Undoubtedly free
speech is the foundation of a democratic society.
•However, Media should restrain from forming an opinion by conducting its own
parallel investigation and trial.
•The Constitution guarantees the right to freedom of expression under Article
19(1),i.e., the right to hold opinions without any interference and the freedom of
seek, receive, impart information, ideas of any kind either orally, or in writing, odd
in form of art, or through any other media of the person's choice.
• However, Freedom is not absolute as it is bound by sub- clause(2) of Article 19(1).
IS IT NECESSARY TO
REGULATE MEDIA

•In certain cases, the supreme court has stated that trial by the press,
electronic media, social media or any public agitation are instances
which could be described as antithesis of the general rule of law,
leading to the miscarriage of justice.
•Under the Contempt of Courts Act ,1971, any publication which
interferes with, obstructs or tends to obstruct any proceeding, be it
civil or criminal ,and the course of justice, which is actually a pending
proceeding, constitutes contempt of court.
•It has been termed as contempt because some of the acts which are
published before the verdict given by the court can mislead the
public and affect the rights of the accused for a fair trial.
•The journalist may be liable for contempt of court when he decides
to publish anything which might go against " fair trial" for the
accused, or which may affect the impartiality of the court during any
proceeding.
•The right to a fair trial is an absolute right provided to any
individual as per Articles 14,19,20, 21 and 22 of the Constitution.
 IMPACT OF
THE TRIAL BY MEDIA
•Media has now reincarnated itself into a 'public court ' which can also be
referred as "Janata Adalat "and has started interfering into court proceedings
so much so that it pronounces its own verdict even before the court does.

•It completely overlooks the vital gap between an accused and a convict
keeping at stake the golden principles of ' presumption of innocence until
proven guilty' and 'guilt beyond reasonable doubt’.

• Nowadays the media itself conducts separate investigation, builds a public

opinion against the accused even before the court takes cognizance of the
case.

•When excessive publicity about a case and the suspect involved in the case
by the media prejudices a fair trial or results in characterizing the accused as
a person who had indeed committed the crime, it amounts to undue
interference with the "administration of justice", calling for proceeding for
contempt of court against the media.
 WHAT SHOULD
MEDIA ACTUALLY DO

•Reports should be based on accuracy and fairness of facts and not in

surmises and suspicion.
•The primary function, therefore, of the press is to provide
comprehensive and objective information of all aspects of the
country's political, social, economic and cultural life. It has an
educative and mobilizing role to play. It plays an important role in
molding.
•Care should be taken against defamatory writings.
•Due care should be exercised while reporting proceeding of courts.
• Glorification of an act of violence should be forbidden.
•Correction and retraction should be made in case of error without any
delay.
•Right to privacy should not be intruded or invaded unless over
weighed by genuine overriding public interest.
RECENT CASES
 Jessica Lal murder case
•Model Jessica Lal was shot dead in a party hosted by socialite
Bina Ramani, at her restaurant Tamarind Court by Manu
Sharma.

• Initially due to lack of proper evidence, the case was closed,

and all 9 prime suspects were acquitted by the court.

• But media played a major role in reopening the case. NDTV

acquired and aired the tape.

• Later the news channel received hundreds of text messages

from the public urging urgent action be taken against the
accused. The sting operation was actually done by TEHELKA.

•Due to enormous public outcry and extensive media pressure

the case was reopened and the Delhi High court sentenced Mr.
Sharma to lifetime imprisonment.
 RECENT CASES
 Priyadarshini motto murder case

•Priyadarshini Motto ,who was a 23-year-old law student was found

raped and dead at her New Delhi residence. The prime accused was
Santosh Kumar Singh ,her college senior.

•Various evidences were found at the crime scene but after 3 years of
investigation and trial, the accused was released by district court judge
citing lac of proper evidences.

• The verdict was met with heavy criticism and outcry from both public
and media and included frequent public interviews from the father of
the victim.

•After about 1 year, CBI which was handed over the investigation
because the father of the accused was an IPS officer submitted and
appeal in High court again the district court verdict.

•ultimately after 6 years the high court pronounced the accused guilty
and awarded a death penalty which was reduced to life sentence 4
years later by the supreme court.
CONCLUSION
Media as referred to by many as the "eyes and ears of the general public". It forms the
backbone of our society. it is time for the media to be regulated so that the strict standards
and ethics of journalism are maintained. If not, penal provisions should be kicked in.

people believe in what media shows so a responsible media should take into
consideration the faith of people.

Media is there to raise public issues ,report news and facts but not to pass judgements.

One's life with dignity gets higher priority over other's right to freedom of speech and
expression .

Moral responsibility of media is to show the truth and that too at right time.
THANK YOU