Trial By Media: Of Witch Hunts And Wrath Culture

Bhaskara Panthula Gurupriya, B.A. LL.B. (Hons.), Mahindra University

ABSTRACT

With the evolution of print and digital media, television, networking and communication technology, media has assumed a paramount role in our society. The media is now regarded as a harbinger of truth and an essential feature of democracy. It protects the institutions of democracy by ensuring that accurate and essential information is provided to the general public in a timely fashion. However, the media is not devoid of criticisms – one of the latest challenges posed by media and digital technology is that of trial by media, a phenomenon wherein media outlets conduct their own investigation before a case even begins trial, form their own narratives which are imposed on the general public which leads them to form prejudices against parties involved, impeding their right to a free trial. The Right to Free Trial guaranteed under Article 21 is also a fundamental right accorded by the Constitution. Similarly, as laid down in the Indian Constitution, the Right to Freedom of Speech and Expression is a basic fundamental right that is available to everyone subject to certain restrictions. This paper seeks to analyse the gendered bias prevalent in media trials and takes a case-by-case approach to establish the Anglo-Saxon view on media trials.