Trial by Media

Media has always been examined as the watchdog of society. It is essential to have free and fair media in every form of government. In a vast and diverse democracy like India, it is of utmost importance that the media functions without bias and prejudice as the media also takes the role of opposition. Media is almost like the foundation of Indian democracy.

The roots of the media can be traced back to the times of the Nationalist Movement in India. Ever since those times, Media has played a crucial role in guaranteeing citizens’ rights and Liberties. Besides playing these essential roles, media has evolved as a much-needed change agent in society.

Meaning

Trial by Media is a phrase famous in the late 20th century and early 21st century to describe the impact of newspaper and television coverage on a person’s reputation by creating a widespread insight of guilt regardless of any verdict in a court of law. 

Media Ethics

According to (Chandler 2016), media ethics are “Issues of standards and moral principles as seeking to the roles, conduct, and “content of the “Mass Media”. Every Media is obliged to follow some moral principles and standards that relate to the content, conduct, and role of these media. But nowadays, with the increasing demand for TRP ratings, most media firms obliterate their code of conduct and perform unethical journalistic practices. One of the journalistic practices that are now common among the Indian Media is media trials. 

Media Trials

According to (Choudhary, 2015), The term media trial or ‘Trial by Media’ has been in use since the early 1980s to narrate the impact of media coverage (print, electronic, and now online too) on an ongoing legal trial and hence draw up the sense of wrong or right in the minds of the people. We could clarify it as public protests through the media.

A formal description of the phrase would be the impact of television and newspaper coverage on the reputation of a person’s institution organization by creating a widespread insight of guilt or guiltlessness before a court of law declares the verdict. Sometimes media trials are held after the verdict is announced when the public is not happy with the judgment.

Influence of Media on Accused 

If the naming of witnesses is published, there is a risk of the life of the witnesses coming under force from both the accused or his associates and the police.

The witnesses want to retract and get out of the chaos in the early stage.

Witness protection is then a severe casualty. This leads to the interrogation about the admissibility of hostile witness evidence and whether the law should be amended to prevent witnesses from changing their statements.

If the media projects an accused or a suspect as if he has already been convicted guilty well before the Trial in court, there can be severe prejudice to the accused. Even if, eventually, the person is acquitted after the court’s due action, such an acquittal may not help the accused rebuild his past image in society.

Excessive publicity in the media characterizing him as a person who had indeed committed the crime amounts to undue intervention with the “administration of justice”, calling for proceedings for contempt of court against the media.

Influence of Media on Judges and Court

Judges are not safe from criticism regarding their judicial conduct or their conduct in a purely private capacity. But it is of concern when their complaints are ill-informed or entirely without foundation and may undermine public confidence in judicial institutions.

A judge is to regard himself against such pressure. A media publication can “unconsciously” influence judges or juries and whether judges, as human beings, are not susceptible to such indirect influences, at least subconsciously or unconsciously.

Trial By Media Cases in India

In 2008, a 13-year-old Aarushi Talvar was found dead in her bedroom. The news caught fire, and media trials and speculation began. The prime suspect in the first few hours, the domestic help who was missing, was also found dead later the same day. Different media channels had their theories and continued to squeeze TRPs out of a tragedy.

In the Jessica Lal murder case in 1999, the bartender was shot dead in New Delhi after she refused to serve liquor after the bar was closed. This case also went through Trial by media, and many names were assumed to be the culprits.

In the famous KM Nanavati case, a commander of the Navy was accused of the murder of his friend Prem Ahuja. In this case as well, an extensive Trial by media happened, and the wife of Nanavati was at the receiving end of several indecent allegations.

Conclusion

Media, the fourth most essential pillar of our democracy, is the heart and soul of our system. It is the backbone of our society. So, we must correct its limitations.

• The public should also not trust all the media news blindly.
• A person’s right to privacy should not be interfered with due to any media problem.

In several cases, media trials have tainted and scarred many people’s lives and has affected the lives of the innocent.