GAUTAM BUDDHA UNIVERSITY
School of Law, Justice & Governance
TRIALS BY MEDIA
SUBMITTED BY: SUNNY BHARDWAJ SUBMITTED TO:
ROLL NO: 20/ILB/103 Mr UTKARSH BATT
BA.LLB.4th year (section B)
COURSE: LAW AND MEDIA(PROJECT)
COURSE CODE: LB409
INDEX
ACKNOWLEDGEMENT .................................... 3
INTRODUCTION ................................................ 4
WHAT IS MEDIA TRIAL ................................... 4
TRIAL BY MEDIA AND ITS ILL EFFECTS ..... 5
MEDIA TRIAL AND ITS BENEFIT ................... 6
CASE LAWS ........................................................ 7
ACKNOWLEDGEMENT
I would like to convey my heartfelt gratitude to our Faculty Guide Mr. Utkarsh
Batt sir, HOD Dr. Rama Sharma and DEAN Dr K.K. Dwivedi for their
invaluable advice and assistance in completing this project. He was there to assist
me at every step of the way, and his motivation is what enabled me to accomplish
my task effectively. I would also like to thank all other supporting personnel who
assisted me by supplying the equipment or giving the advice that was essential and
vital, without which I would not have been able to perform efficiently on this
project.
I would also like to thank the Gautam Buddha University for accepting my project.
I would also like to express gratitude to my parents and friends for their support
and encouragement during the making of this project.
DATE:
PLACE: School of Law, Justice, and governance
INTRODUCTION
The criminal law in India is based on the principle that an accused has the right to a
fair trial and that he is innocent until proven guilty beyond reasonable doubt.
The Coverage which is made by media and interviews of witnesses, relatives of
victims, legal professionals, etc., sometimes prejudice the prosecution and the
judiciary and it also affects public opinion.
Despite the fair limitations on freedom of speech and expression, media sometimes
misuse their right in form of media trial which is also punishable under Section 12
of the Contempt of Courts Act, 1971.
WHAT IS MEDIA TRIAL
A media trial, also known as a trial by media, refers to the situation where a legal
case, usually a high-profile one, is extensively covered and discussed in the media,
often before such case has been tried in a court of law.
This extensive media coverage influences the public opinion and shape perceptions
of the accused and the case itself. Media trials can have both positive and negative
consequences.
They can help bring attention to important legal issues, which in turn increase
transparency and accountability. However, they also carry several risks. When
media outlets sensationalize the cases, then such situation infringe the principles of
criminology and it affect the public opinion.
That is why it is required to Strike a balance between the media's right to report and
the accused's right to a fair trial then only we can make, responsible and ethical
journalism.
TRIAL BY MEDIA AND ITS ILL EFFECTS
In a democracy, the media is known as the "fourth pillar". It allows the masses to
collect all possible information on socio-economic, political, and international
problems, among others. That is why media requires to take a great deal of caution
while disseminating information.
Presumption of Innocence Erosion: Media trials often lead to the violation of
principle of criminology. Sensationalized coverage makes the accused appear guilty
in terms of public opinion, and it undermining the fundamental legal principle that
individuals are innocent until proven guilty in a court of law.
Affect the Adjudicating Authority: Extensive publication about the victim, their
parents & statement pressurized the Judges which sometimes led to the biased
judgement in the court room, because judges are also a human and media acts as a
strong pillar to form opinion.
Privacy Invasion: Media trials often infringe the privacy of individuals who are
involved in legal cases, including victims, witnesses, and the accused. This invasion
has a long lasting psychological and emotional effects on such person.
Misinformation and Sensationalism: Sensationalized reporting prioritize the
dramatic or emotional aspects of a case over its accuracy. This can lead to
misinformation, & distortions of the facts.
Mob Public Mentality: Sensational media trial over generates the emotions and
mobilize the public to take matters into their own hands. This can lead to violent
protest, harassment, and threats against the individuals involved which again
compromise their safety and well-being.
Example: In Aarushi Talwar murder case the media believed Aarushi’s parents were
the murderers and released their personal correspondence without consent. The
parents of the deceased were sentenced, because of the interference of the media
which affected the intelligence of the magistrates, to life imprisonment. They
appealed the conviction and the Court acquitted the parents. In the case of Arushi
Talwar, the media has obtained a negative outcome by putting the victims' parents
before the Court and affecting the fair trial.
MEDIA TRIAL AND ITS BENEFIT
1. Public Accountability: Media trials raise a concern on cases which involves
misconduct, corruption, or human rights abuses. By exposing these issues, media
coverage can hold wrongdoers accountable and it also put pressure on government
to address the problems and take appropriate actions.
2. Informing the Public: Media trials provide information to the public about legal
cases, which also help citizens to understand complex legal matters. This empowers
individuals to make informed decisions, engage in debates about justice, and
advocate for change when necessary.
3. Preventing Cover-ups: When high-profile cases receive media attention, it
becomes more challenging for authorities to cover up or manipulate the outcomes
which is done by trials. This discourages corruption and ensures a level of
transparency in the legal system.
4. Legal Reforms: Media trials can shed light on flaws in the legal system. This can
inspire discussions about legal reforms and improvements, helping ensure a fairer
and more effective justice system.
5. Example: In Manu Sharma v Delhi case is also known as the Jessica Lal Murder
case. There was assassination of a young woman in 1999in Delhi, where she was a
bartender. The prime accused was Manu Sharma, the son of a strong politician. In
2006, all nine accused were discharged by the Delhi Trial Court. The media
conducted a flash-war against the corruption of the trial because of the political
connections of the accused and the way in which the witness changed their statement.
Reactions from the public to the farcical lack of justice were published by the media.
The Delhi High Court then ordered a Suo moto re-examination of the case without
expecting the State's appeal against the acquittal of the accused.
CASE LAWS
M.P. Lohia v. State of West Bengal: 2005(2) SCC 686,
Fact: A woman committed suicide in Calcutta in her parents' house but a case was
filed against the husband and in-laws under the Indian Penal Code for murder
alleging that it was a case of dowry death. The husband (appellant in the Supreme
Court) had filed several documents to prove that the woman was a schizophrenic
psychotic patient.
Held: The Supreme Court granted interim bail to the accused and while passing the
final orders, referred very critically to certain news items in the Calcutta magazine.
b. The Court deprecated two articles which were published in the magazine in a one-
sided manner setting out only the allegations made by the woman's parents but not
referring to the documents filed by the accused to prove that the lady was a
schizophrenic.
c. The Supreme Court observed: - These types of articles appearing in the media
make interference with the administration of justice."
d. The Court deprecated the articles and cautioned the Publisher, Editor and
Journalist who were responsible for the said articles against "indulging in such trial
by media when the issue is sub-judice." and observed that all others should take note
of the displeasure expressed by the Court.
2. In Naveen Jindal v. Zee Media Corporation Ltd (2015) the Delhi High Court
has held that the power of the High Court to order restrain of publication in the media
would clearly encompass the stage when the criminal case against the accused is at
the preliminary enquiry or investigation stage.
b. Here injunction was granted as investigation was sought to be influenced since
the Investigating Officer was sought to be interrogated/interviewed on
Television.
c. Court observed that effort should be made by the print and electronic media to
ensure that the distinction between trial by media and informative media should
always be maintained. Trial by media should be avoided particularly, at a stage when
the suspect is entitled to the constitutional protections. Invasion of his rights is bound
to be held as impermissible.
