Social Media Trials And The Right To Fair Trial In India
- IJLLR Journal
- Nov 12, 2025
- 1 min read
Mr. Sannkalp KS, BBA LLB, MKPM RV Institute of Legal Studies (KSLU), Bangalore
Mr. Jaishik. S, BBA LLB, MKPM RV Institute of Legal Studies (KSLU), Bangalore
Mr. Snehith. N, BBA LLB, MKPM RV Institute of Legal Studies (KSLU), Bangalore
ABSTRACT
The rise of social media has transformed the way information is shared and discussed, especially in matters involving criminal cases and public investigations. Platforms such as Twitter, YouTube, and Instagram often act as parallel courts where public opinion is formed long before the judicial process concludes. This trend, known as “social media trial,” poses a serious threat to the right to a fair trial, a fundamental aspect of justice protected under Article 21 of the Indian Constitution. While freedom of speech under Article 19(1)(a) allows citizens to express views, it must coexist with reasonable restrictions under Article 19(2) to prevent prejudice, defamation, and contempt of court.
This paper examines how unregulated digital commentary affects the presumption of innocence, judicial independence, and the integrity of criminal trials. It analyzes key judgments such as Sahara India v. SEBI, Manu Sharma v. NCT of Delhi, and R.K. Anand v. Delhi High Court to explore the judiciary’s approach to balancing free speech and fair trial rights. The study also discusses the role of the Contempt of Courts Act, the Information Technology Act, and the 2021 Intermediary Guidelines in addressing such issues. Finally, it proposes reforms and ethical guidelines to ensure that digital spaces do not undermine constitutional justice.
Keywords: Social Media Trials; Fair Trial; Article 21; Freedom of Speech; Digital Responsibility; Contempt of Court.
