The Influence Of Media Trials On The Criminal Justice System
Rashi Dahiya, IILM University, Gurugram
ABSTRACT
Media is an important part of a democratic society, as it informs the citizens, fosters transparency and serves as a watchdog over the public institutions. The impact of the media on public opinion has grown tremendously in today's era of expanding television news channels, digital media and social networking. In recent years, however, the term ‘media trial' has come to describe the way in which media is used to discuss and analyze criminal cases and may lead to the creation of public sentiments on the guilt or innocence of the accused even before a judgement is passed.
The present research paper deals with the effect of media trial on criminal justice in India. It examines the impact of excessive media involvement in an ongoing investigation and court proceedings on the presumption of innocence, judicial impartiality and the right to privacy of persons who are part of a case. The paper also examines the tension between Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression and Article 21 of the Constitution, which guarantees a fair trial.
Keywords: Media trial, Criminal Justice, Public Opinion, Presumption of innocence, Fair Trial, Press Freedom.
