The Media's Role In Shaping Criminal Justice And Community Dynamics

Pratik Waingankar, LL.B., Thakur Ramnarayan College of Law, Mumbai University

Dishika S Hegde, LL.B., Thakur Ramnarayan College Of Law, Mumbai University

ABSTRACT

The media, often referred to as the "fourth pillar of democracy" alongside the legislature, executive, and judiciary, plays a crucial role in shaping public opinion and awareness in society. Ensuring a free and independent media is essential for upholding democracy. Although Part 3 of India's Constitution doesn't explicitly mention press freedom, the Supreme Court has interpreted the freedom of speech and expression guaranteed by Article 19(1)(a) to include freedom of the press. Journalism's fundamental objective remains consistent: to reflect society, even when the reflection is unflattering.

With advancements in technology, widespread publication of newspapers in regional languages, and the rise of the internet and mobile applications, news and information are now accessible to all. This expanded reach enhances global awareness and keeps individuals informed about current events. However, contemporary media practices, particularly in high-profile cases, have drawn criticism for sensationalizing news and distorting facts to attract attention and compete for viewership, thereby undermining the media's role as a watchdog and its credibility.

There's a debate whether the media should refrain from reporting on cases that could interfere with court proceedings. Termed "trial by media," this phenomenon involves the public condemnation of individuals without fair representation. This study investigates the impact of such media trials, often turning into public spectacles, through the analysis of notable instances. It aims to spotlight the environment of public shaming created by the media, which contradicts the principles of freedom and fairness. Ultimately, this research seeks to explore both the positive and negative roles of the media in India's criminal justice system.

Keywords: Media, Criminal Justice System, Media Trial, Freedom of speech & expression