Media Trial: A Boon Or A Curse To The Freedom Of Speech And Expression And Its Impact On The Indian Judiciary

Akshara Bhargava, Amity University, Lucknow

Ms. Mudra Singh, Assistant Professor, Amity University, Lucknow

ABSTRACT

Lord Macaulay once referred to the Media as “the fourth pillar of democracy”. Hence, the media has become an important feature of democracy. However, the media has undergone major changes where media firms act against their code of conduct and ethical journalism. The intervention of the Media in under trial cases has become very prominent in today's time. The Judiciary has been compelled to take decisions as per the views and criticisms of the Media.

Media trials often give a final verdict which is fueled by outrage of the people, especially in heinous or high-profile cases such as the Delhi Gangrape or Arushi-Hemraj Double Murder case. The Media start their own investigation sought through various informers and form an opinion which influences the public at large. The right to freedom of speech and expression including the freedom of press, as enshrined in Article 19(1) (a) of the Indian Constitution is not absolute. It may be restricted on reasonable grounds, imposed by the government.

This paper analyses the impact of media trials and how it takes undue advantage of its rights under Article 19 (1) (a) and uses it as a shield to interfere with the Indian judiciary through public outrage. The paper also looks into the impact that the trial by media has on privacy, democracy, fair trial and the Indian judiciary.

Keywords: Media, Trials, Defamation, Fair trial, Fair Hearing, Right to Privacy, Judiciary.