Introduction:
Essentially three pillars of democracy are Legislature, Executive, and Judiciary and now the Media has become the fourth and one of the important pillars of democracy. It highlights various political, social, economic, legal, and cultural problems of the society. It plays a vital role in molding the opinion of society and is highly responsible for changing the whole perspective through which people look at various happenings in society. The various sources including digital media and print media which carry information about everything under the sky are called ‘Media’.
What is Media Trial?
The creation of any baseless perception through means of media, that directly impacts the reputation of the person regardless of any verdict given in a court of law is called a ‘Media Trial’ or ‘Trial by Media’.[1] There are no such legal provisions for Trial by Media. Trial by Media is a Contempt of Court and needs to be punished. Many Journalists describe this as ‘Investigative Journalism’, which is legal in the eyes of a court of law. In simple words, Media Trial can be described as a prediction of innocence or guilt of a person even before the judgment is pronounced by the court of law.
Famous cases of Media Trial
In India, multiple cases have been tried by media, but some of the famous cases are discussed as below:
Aryan Khan Drugs Case
The case of Aryan Khan being accused of consuming Drugs is a boom on the Indian Media Channels. Bollywood Superstar Shah Rukh Khan’s son Aryan Khan is allegedly accused of his involvement in a drugs case. He was arrested by NCB on 3rd October 2021. Many people from Bollywood lent their support to the Khan Family claiming that the star kid is being harassed and more so by putting him on a media trial. Tanisha Mukherji in this case stated that “Indian masses have become extremely callous towards stars and have developed a generic opinion about the ‘pros and cons of being a star kid.”[2] Many people have urged the media to look at the facts and evidence before concluding.
Sushant Singh Rajput Case
Sushant Singh Death Case is also one of the recent and famous examples of the Media Trial where his girlfriend Ms. Rhea Chakraborty was allegedly accused and was forced to file a plea in the Supreme Court against the unfair media trial because she had been projected by the media as the murderer of late actor Sushant Singh Rajput. The media projected this case as the mysterious death of Sushant Singh as a Murder and his girlfriend Rhea Chakraborty as a Murderer until the day it was officially proved that the death was a Suicide.
Jessica Lal Murder Case
Jessica Lal Murder Case happened in 1999. Jessica Lal used to work in a restaurant and bar owned by Beena Ramani in Delhi and was shot dead by Siddartha Vashisth, son of former Union Minister Vinod Sharma because Jessica refused to serve liquor to him and his friends. Immediately media gave high coverage to this case when Siddartha Vashisth was acquitted by the trial court. This case became one of the examples where the public pressure and media compelled the justice system to reconsider this case as the accused was acquitted initially and due to the public outcry because of the importance given to this case by Media, the Delhi High Court sentenced him to Life Imprisonment.[3]
The Nirbhaya Case
The brutal gang rape took place in Delhi on 16th December 2012 on a 23 years old paramedical intern. This incident happened on a private bus when she was traveling with her male friend. Six men brutally raped her and beat his friend.[4] She lost her battle with life after 13 days after the incident. This case got extremely high coverage on National and International levels and the incident was criticized widely. Multiple protests were made for the security of women against the government by people all over the country. Due to the so much media coverage of this incident, various amendments were made in the laws including the Juvenile Justice Act (Amendment of Section 18), where for the heinous crime the age for punishment was reduced to sixteen from eighteen.[5]
Role of Media Trial
Article 19 (1) (a) of the Constitution of India guarantees to all its citizens including media ‘The Right to Freedom of Speech and Expression’ which is the right to express one’s opinion freely without any fear through any means. Freedom of expression includes Freedom of Press. A crucial role is played by this fundamental right in the formation of public opinion on political, social, economic, legal, and cultural matters.
Whenever a sensational or controversial case comes to the court for trial, the media gives coverage to it by keeping the general public updated with the improvements made or decisions given by the court during the proceedings concerning the evidence, the investigating officer, or any person’s name being accused or involved in the case. Many times, Media Trial includes showing their version of facts instead of the facts from the case. This results in impacting on individual’s views as they start thinking from the perspective which is shown or created by Media. They start seeing the person accused as innocent or guilty, depending on what is shown by the Media.
Whenever Media sensationalizes a case, they show every update regarding the incident and the person involved in the case. Due to this people start forming an opinion which creates pressure on the judiciary system to investigate the matter. But the problem arises when the Media starts showing or capturing every single move of the investigating agency which has two effects –
People start doubting the honesty of the investigating agency in the case depending upon the extent of discourse created by the Media Trials.
It can also sabotage the investigation since such scrutiny can give the actual culprit the prospect of devising strategies to evade prosecution.
Trial by media is often justified by the argument that the media highlights the mindset and prevalent notions in society. Media Trial influences many people on different aspects. The Influence of Media Trial is discussed as below –
Influence on Accused: If a suspect or accused has been already projected guilty by the media even before the judgment pronouncement, then even after the acquittal of the accused may not help him to rebuild his lost image in society.
Influence on Witness: If the identity of the witness is published, then the issue of security arises as he/she may get pressurized from the both accused or his associates as well as from the police. This may lead to the witness wanting to withdraw and get out of this.
Influence on Judges: The Supreme Court in State of Maharashtra vs. Rajendra Gandhi Jawanmal Gandhi, 1997 observed that a trial by press, electronic media, or by way of a public agitation is anti-thesis to the rule of law and can lead to the miscarriage of justice. And a judge has to guard himself against any pressure and he is guided strictly by the rules of law.[6]
A trial is also affected by Media Sensation, as the judges also get influenced like all other human beings because they are also not immune from criticism either in respect of their judicial conduct or any of their conduct in a purely private capacity. A media publication can unconsciously influence judges or juries resulting in the impact on judgment pronouncement by considering criticism of Media.
Conclusion
From the above, it is very clear that the influence of Media Trials had more negative effects than positive ones. Media in the 21st Century has given people extraordinary admittance to their general surroundings. Although Media acts as a watchdog and is a platform that brings people’s voices and the current happenings in the society to the notice of general people. But sometimes it is over-sensationalized in the matter to increase their TRP’s. But being a citizen of India, we have the right to be informed about the issues and events happening in the various parts of the country. The media should not abuse the Right to Freedom of Speech and Expression by interfering in the ongoing trial be it any high-profile case. According to Fali Nariman, “A responsible media is the handmaiden of effective judicial administration”. The problem does not lie in the media’s exposing the wrongs in society. The problem arises when they go beyond the rights conferred to them and do things which they shouldn’t. The thin line between ‘innocent until proven guilty’ and ‘guilt beyond reasonable doubt’ is easily crossed which can endanger a trial in process.
References:
[1] Article by Lex Forti Legal News Network, Published on July, 2020 https://lexforti.com/legal-news/supreme-court-on-media-trial/
[2] Article published by Hindustan Times on 18th October, 2021 https://www.hindustantimes.com/entertainment/bollywood/tanishaa-mukerji-calls-aryan-khan-s-case-harassment-wants-him-freed-people-have-become-callous-towards-our-stars-101634178442573.html
[3] State vs. Siddartha Vashisht and Ors. On 18th December, 2006https://indiankanoon.org/docfragment/1238469/?formInput=jessica%20lal%20case
[4] Mukesh & Anr vs. State for NCT of Delhi & Ors on 5th May, 2017 https://indiankanoon.org/doc/68696327/
[5] Juvenile Justice (Amendment) Act, 2015 in reference with Section 18 of the Act. https://egazette.nic.in/WriteReadData/2021/228833.pdf
[6] The state of Maharashtra vs. Rajendra Jawanmal Gandhi on 11th September 1997 https://indiankanoon.org/doc/1454600/
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