MEDIA TRIAL
VIEW:
Media Trial or Trial by media is a popular phrase, particularly in the late 20th and early 21st century. The Supreme Court of India has described media trial as “the impact of newspaper or television on a person’s reputation by creating a widespread perception of guilt regardless of any verdict in a court of law. The media, during a high publicity case, are generally accused of fostering an atmosphere of public hysteria similar to a lynch mob which means that regardless of the result of the trial, in the eyes of the public the accused is already held guilty and would not be able to live the rest of their life without intense public scrutiny.”
The media is often considered as the fourth pillar of democracy and also plays a vital role in moulding public opinion. The strength and importance of media is also recognised by the constitution of India in Article19 (1) (a), where it gives the people freedom of speech and expression; and includes within it the freedom of press. Many opine that the existence of a free, strong and independent media is the cornerstone of a democracy, especially in a country like India which is a highly mixed society.
The media often acts as a watchdog, bringing to light any deficiencies and wrongdoings of the government with a hope of correcting them. In a democracy, transparency is vital. Scholars justify media trial with the opinion that “Without a free press, we will regress into the dark ages of the Star Chambers, when the judicial proceedings were conducted secretively.” All of the SMS campaigns and polls conducted by the media provide a platform for the people to voice their opinions. The media has even assisted the court in the delivery of crucial verdicts like in the case of Jessica Lal.
-NAMITHA N
1 BBA ‘C’
COUNTERVIEW:
The media has encroached the jurisdiction of the courts, caused hindrance in the administration of justice and invaded the fair trial in the case of Aarushi Talvar. In India, media was reincarnated into the ‘Janta Adalat’ (Public Court), interfering with court proceedings thereafter. It is observed that in highly controversial cases, the media does a separate investigation and shapes the public opinion against the accused much before the case is presented in the court. Thus, media acts not only as the voice of the public, but also as a guide to the judges affecting the decisions. As a result there is high pressure on the judges in courts conducting trials with huge public involvement, which may add bias to their judgements and decisions.
Another downside of media trial is that nowadays media acts in a way so as to increase their ratings and profit. Media channels compete against each other and try to come with new stories to entertain the public and grab the attention of the audience, irrespective of how accurate these stories may be. Trial by media also hinders the administration of courts and its right to make decisions. It questions the very existence of CBI teams and justice courts. The media should realise how big its influence is and must maintain a basic code of conduct and ethics. Media is the change and it should be a public weapon free of corruption.
-JEMIMAH THOMAS
1BBA ‘C’
VIEW:
Media Trial or Trial by media is a popular phrase, particularly in the late 20th and early 21st century. The Supreme Court of India has described media trial as “the impact of newspaper or television on a person’s reputation by creating a widespread perception of guilt regardless of any verdict in a court of law. The media, during a high publicity case, are generally accused of fostering an atmosphere of public hysteria similar to a lynch mob which means that regardless of the result of the trial, in the eyes of the public the accused is already held guilty and would not be able to live the rest of their life without intense public scrutiny.”
The media is often considered as the fourth pillar of democracy and also plays a vital role in moulding public opinion. The strength and importance of media is also recognised by the constitution of India in Article19 (1) (a), where it gives the people freedom of speech and expression; and includes within it the freedom of press. Many opine that the existence of a free, strong and independent media is the cornerstone of a democracy, especially in a country like India which is a highly mixed society.
The media often acts as a watchdog, bringing to light any deficiencies and wrongdoings of the government with a hope of correcting them. In a democracy, transparency is vital. Scholars justify media trial with the opinion that “Without a free press, we will regress into the dark ages of the Star Chambers, when the judicial proceedings were conducted secretively.” All of the SMS campaigns and polls conducted by the media provide a platform for the people to voice their opinions. The media has even assisted the court in the delivery of crucial verdicts like in the case of Jessica Lal.
-NAMITHA N
1 BBA ‘C’
COUNTERVIEW:
The media has encroached the jurisdiction of the courts, caused hindrance in the administration of justice and invaded the fair trial in the case of Aarushi Talvar. In India, media was reincarnated into the ‘Janta Adalat’ (Public Court), interfering with court proceedings thereafter. It is observed that in highly controversial cases, the media does a separate investigation and shapes the public opinion against the accused much before the case is presented in the court. Thus, media acts not only as the voice of the public, but also as a guide to the judges affecting the decisions. As a result there is high pressure on the judges in courts conducting trials with huge public involvement, which may add bias to their judgements and decisions.
Another downside of media trial is that nowadays media acts in a way so as to increase their ratings and profit. Media channels compete against each other and try to come with new stories to entertain the public and grab the attention of the audience, irrespective of how accurate these stories may be. Trial by media also hinders the administration of courts and its right to make decisions. It questions the very existence of CBI teams and justice courts. The media should realise how big its influence is and must maintain a basic code of conduct and ethics. Media is the change and it should be a public weapon free of corruption.
-JEMIMAH THOMAS
1BBA ‘C’
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