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Media Freedom Vs Media Trial: A Constitutional Study Of Free Speech And Regulatory Controls In India




Jeyachandrika L, School of Law, Christ University


ABSTRACT


The media occupies a pivotal position in a constitutional democracy. In India, the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution forms the bedrock of press freedom and ensures an informed citizenry, transparency, and accountability in governance. At the same time, the rise of sensationalism, competitive journalism, and 24×7 news cycles has given birth to the phenomenon of "media trials," wherein media platforms assume the role of investigators, prosecutors, and judges, often prejudging guilt and influencing public opinion as well as judicial processes. This research paper undertakes a constitutional study of the tension between media freedom and media trial in India. It examines the constitutional foundations of press freedom, the limits imposed under Article 19(2), and the regulatory framework governing print, broadcast, and digital media. The paper critically analyses landmark judicial pronouncements, statutory provisions, and contemporary challenges, particularly in the digital era. It argues for a balanced regulatory model that protects freedom of expression while preventing the abuse of media power that undermines the right to fair trial, privacy, and dignity. The study concludes by proposing reforms to ensure ethical journalism, judicial restraint, and institutional accountability, thereby harmonising free speech with constitutional values.


Keywords: Media Freedom, Media Trial, Freedom of Speech, Article 19, Fair Trial, Constitutional Law, Media Regulation, India.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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