MEDIA TRIAL: FREEDOM OF SPEECH v. FAIR TRIAL

Abstract The journalistic landscape of India has been battered by a spate of fallacious media trials in the recent times, accentuating an indispensable need for changes in this scenario of ‘Yellow Journalism’. This essay titled ‘Media Trial: Freedom of Speech v. Fair Trial’ highlights the position of the media, in influencing the opinions and knowledge of the people, the onus on the media by virtue of exercising the said powerful position, the misuse of this status and its consequences, including the unheard condemnation of the accused, a subconscious bias which seeps into the discretion of the judges and their decisions. The essay also foregrounds many news extracts, judgements and examples in order to supports the aforementioned hypothesis. The Freedom of Speech and Expression vide Art. 19(1), is being misused to impede in the justice administration of the courts. The Principle of ‘Fair Trial’ and the sub judice rule are the two most pivotal pillar of the criminal justice system which is being overlooked by the media. Another violation of the Principles of Natural justice by media is disallowing the accused to be legally represented before the court by pressuring the defence lawyer to withdraw if that goes against the unwarranted verdict of the media. Finally, the importance of self-restrain by the media is emphasized as liberty does corrupt into license and is prone to be abused