ACKNOWLEDGEMENT:

I take this opportunity to express my profound respect and deep sense of gratitude to Dr.
Shailesh Mishra Sir, my guide and supervisor, for his support, guidance and encouragement
throughout the course of my research work. He was always approachable, respected my
ideas and gave me clear, cogent and meaningful suggestions, which has aided me profusely
in completing this.
I would like to extend my gratitude to the Vice-Chancellor Prof. Dr. Sanjay Singh for his
constant encouragement and support. I express my sincere thanks to Dr. Sudharshan Verma
ma’am in her capacity as the Head of Department (Department of Law) for her support and
encouragement throughout the course. I would further extend my deep felt gratitude to all the
faculties of the School of Legal Studies for their constant encouragement. Words fall short of
expressing love, appreciation and gratitude to my friends for their constant encouragement.
With genuine humility, I am thankful to The Almighty for all his uncountable bounties and
blessings.

CERTIFICATE
This is to certify that Mr. Alok Singh, Roll No: 196628, has submitted his project titled
“Impact of Media Trials on the Indian Judiciary” in partial fulfilment of the requirement for
the award of the degree of BBA LL.B.(H) under my guidance and supervision. It is also
affirmed that the project submitted by his is accurate, bona fide and genuine.

Dr. Shailesh Mishra

(Department of Law)
Guide and Supervisor
B.B.A.U., Lucknow
Remark:
Date- 20th December, 2023
Place- Lucknow

LIST OF STATUTES
Constitution of India, 1950

Contempt of Courts Acts, 1971

Civil Procedure Code, 1908

Human Rights Act, 1998 (UK)

Indian Penal Code, 1860

Information Technology Act, 2000

Press Council Act, 1978

LIST OF CASES:
Balakrishna Pillai v. State of Kerala MANU/SC/0172/2000

Bhupinder Sharma v. State of Himachal Pradesh, Appeal (Crl.) 1265 of 2002

Dr. Rajesh Talwar and Another V. Central Bureau of Investigation, 2013 (82) ACC 303

K. S. Puttaswamy (Retd.) and Anr. vs Union Of India And Ors, 2018 (2017) 10 SCC 1

Mukesh v. State (NCT of Delhi) [(2017) 6 SCC 1]

Nipun Saxena & Anr. V Union of India & Ors [2019] 2 SCC 703

R. K. Anand v. Registrar, Delhi High Court [(2009) 8 SCC 106]

Romila Thapar vs Union of India [2018]10 SCC 753

Santosh Kumar Singh vs State Th.Cbi [2010] 9 SCC 747

Shalab Kumar Gupta and Ors. v. B.K. Sen and Anr 1961 AIR 633, 1961 SCR (3) 460

Sushil Sharma v. The State (Delhi Administration and Ors,

Y.V. Hanumantha Rao vs. K.R. Pattabhiram and Ors MANU/AP/0070/1975

INDEX
Chapter 1 - Introduction.....................................................................................................................................................................3
1.1 Introduction to the research topic:........................................................................................................................................3
1.2 Problem Statement:..............................................................................................................................................................5
1.3 Research Hypotheses and Questions:...................................................................................................................................6
1.4 Purpose of the study:............................................................................................................................................................6
1.5 Research Objectives.............................................................................................................................................................6
1.6 Research Methodology.........................................................................................................................................................6
Chapter 2- Media trials and Freedom of Press...................................................................................................................................7
2.1 Introduction:.........................................................................................................................................................................7
2.2 How Media Evolved Before Regressing Toward Media Trials:...........................................................................................9
2.3 Invasion of privacy by the Media.......................................................................................................................................10
2.4 Trials in the Media and Obliterated Identity:......................................................................................................................11
Chapter 3 - Media Trial vs Fair Trial...............................................................................................................................................12
3.1 The Law Commission Report.............................................................................................................................................14
3.2 Media trials under International Law.................................................................................................................................15
Chapter 4- Judicial Decisions.......................................................................................................................................................... 16
1) R.K. Anand v. Registrar, Delhi High Court.........................................................................................................................16
Citation: [(2009) 8 SCC 106]...................................................................................................................................................16
2) Sushil Sharma v. The State (Delhi Administration and Ors,................................................................................................18
Citation : 1996 CriLJ 3944.......................................................................................................................................................18
3) Y.V. Hanumantha Rao vs. K.R. Pattabhiram and Ors..........................................................................................................19
Citation: MANU/AP/0070/1975..............................................................................................................................................19
4)Romila Thapar & Ors. v/s Union of India & Ors..................................................................................................................20
Citation: (2018) 10 SCC 753....................................................................................................................................................20
Chapter 5 - Monitoring of media trials.............................................................................................................................................21
6.1 Prejudice or interference with the judicial process:............................................................................................................23
6.2 Recommendations:.............................................................................................................................................................25
Chapter 6 - Conclusion.................................................................................................................................................................... 27

Chapter 1 - Introduction
1.1 Introduction to the research topic:

“Biased views being propagated by the media are affecting the

people, weakening democracy, and harming the system. In this
process, justice delivery gets adversely affected. By overstepping and
breaching your responsibility, you are taking our democracy two steps
backwards1."
- Former CJI Hon’ble Mr Justice NV Ramana.

In addition to the court, executive branch, and legislative, the media is regarded as the fourth
pillar of democracy. The media is crucial in shaping people's perceptions of others and
increasing awareness of social issues. A democracy cannot thrive without a free press.
However, during the past few years, the media has crossed the line into the judiciary's
territory by holding trials concurrently with the courts. The work of a public court that
disregards the notions of "innocent until proven guilty" and "guilty beyond a reasonable
doubt" has been taken up by the media. Media trials typically begin even before the courts
can hear the case; the media conducts its own inquiry and broadcasts the findings in such
way a public forms an opinion against or for the accused before the actual trial.

These actions violate the accused's right to a fair trial by casting doubt on the outcome of the
real trial. Although the media has received credit for increasing awareness over the past ten
years, they have also frequently come under fire for their overly intrusive reporting on some
topics, particularly those involving well-known people 2. Media regulation is a challenging
and demanding duty in today's electronic media age and period. There are no restrictions
enforced by the Indian government, which is unfortunate or rather beneficial for the media.
Due to the almost complete lack of prohibitions and regulations, the Indian media has
witnessed extensive growth in recent years3. Daily newspaper circulation in the nation is
estimated to be 330 million. Because of its extensive reach into every nook and cranny of the
nation, the media's importance cannot be understated. The Indian media played a significant
1
THE INAUGURAL JUSTICE S.B SINHA MEMORIAL L ECTURE ON “L IFE OF A JUDGE”DELIVERED BY HON’BLE THE CHIEF JUSTICE OF INDIA SHRI
JUSTICE N V RAMANA RANCHI, JHARKHAND, 23rd July 2022
2
Marcy Wheeler, “How Noninstitutionalized Media Change the Relationship between the Public and Media Coverage of Trials”, (Duke
University School of Law- JSTOR, 2008)
3
Ibid
role in the independence movement by lavishly supporting, among other things, the
Satyagraha movement. This prompted the Constituent Assembly to include freedom of the
press and the media in the Indian Constitution.

Due to this almost utter lack of oversight, the media has grown to be the most effective form
of mass communication and routinely transgresses the foundational rules of journalism,
much to everyone's dismay. Giving the media unchecked, unfettered authority over
publishing and broadcasting information about cases fosters prejudice among the public and
those who evaluate whether an accused person is guilty in court. This could have a
significant effect on the accused's trial. In fact, even if the accused is found not guilty, the
verdict may not benefit him or her because the media has imposed prejudiced ideas on the
public, changing their perception of the individual.

Because there is almost no regulation of the media, it has grown to be the most effective
form of mass communication and, to everyone's dismay, routinely transgresses fundamental
media ethics. The public and those who decide whether the accused is guilty in court develop
preconceived notions about cases if the media is given unchecked, unfettered power to
publish and broadcast information about cases. This may significantly affect how the
accused is tried. In fact, even if the accused is found not guilty, the verdict may not benefit
him or her because the media has shaped public perceptions of the accused by imposing
prejudicial ideas.
Media touches the lives and minds of the entire country. It influences us to the extent of how
we perceive the world. Over the past few years, media presents itself through various
mediums, thus exerting greater power over people’s minds.

The Vice President of India, Shri M. Venkaiah Naidu, remarked,

“The strength of a democracy depends upon the strength of each pillar and the way the
pillars complement each other. Any shaky pillar weakens the democratic structure 4.”

4
Press Information Bureau, Government of India (8 December 2019) <https://pib.gov.in/newsite/PrintRelease.aspx?
relid=195595#:~:text=Mentioning%20the%20four%20pillars%20of,way%20pillars%20complement%20each%20other.> accessed 20th August
2022
Unfortunately, Indian media, in particular, has deviated from reporting facts and is slowly
taking upon itself to mimic court proceedings in a newsroom. The same is seen more often in
media coverage of cases that generate high public interest. The Indian media’s coverage is
intended to increase ratings and viewers rather than improve people’s understanding of the
justice system and the case5. Thus, affecting court trials.
It often adds an emotional quotient to gain viewers and TRP to remain forward in the present
cut-throat competition in society. Protracted debates and discussions run purely based on
speculation, harming the interests of the accused and witnesses. In rapes and sexual offences,
media almost always turns acerbic, often disclosing survivors’ identity and information.
However, somewhere along the line, this media campaign challenging the system's defects
and raising voices against the wealthy and powerful lost its treasured integrity and ethics.

Objectively speaking, democracy is the rule of the people; it is a structure supported by the
judiciary, the executive branch, and the legislative. However, with the media's proliferation
and ability to reach every part of the nation, it can also be said that it is the fourth pillar of a
democracy. In order to address the injustices in our system, it performs a crucial role as a
mindful keeper and watchdog of the social functionaries. By making these injustices known
to everyone, it hopes that they will be rectified. It is laudable that the media started a pattern
in which it actively aids in putting the guilty on trial6.

By writing spectacular headlines in an effort to boost their TRP rankings and profits, it has
created a vicious spiral of drawing more viewers to their news stations or publications.
Because of this, the media no longer strives to be impartial and critical, but rather is
opinionated and politically biased. A media preliminary is created when the media assumes
the role of an adversary and uses the general public as judges to run its own preliminary. The
mental health of the individuals involved, particularly the accused and the victims, is
frequently treated inhumanely by the media.

5
Marcy Wheeler, “How Noninstitutionalized Media Change the Relationship between the Public and Media Coverage of Trials”, (Duke
University School of Law- JSTOR, 2008) < https://www.jstor.org/stable/27654686 > accessed 20 th August 2022
6
Mohd. Aqib, Utkarsh Dwivedi. Judiciary and Media Trial: A Need for Balance. Indian J Law Hum Behav. 2019;5(2):155–161
They violate their right to privacy, which is protected by Article 21, by invading it. Every
institution is open to abuse, and every freedom, if unchecked, has a propensity to degenerate
into a permit that would foster chaos and anarchy. However, it must be acknowledged that
the media also contributes positively to exposing government exchequer corruption and
bringing attention to the government's persistent inaction until action is finally taken.
Conflicts do, however, occur when the media oversteps its bounds, attempts to usurp the
authority of the judiciary, and makes prejudicial remarks about ongoing proceedings.

There isn't much opportunity for experimentation and trial and error when every piece of
information broadcast and published by a media outlet has the authority to affect a judge's
decision. Therefore, it is necessary to prevent any publication that is potentially harmful and
could influence a judge who is currently sitting in order to ensure the proper administration
of justice. Journalism on cases now in litigation and criticism of how the legal system
operates frequently verges on contempt of court.

The media has great influence and can subtly influence a case. This frequently prompts the
question of whether the media, via its participatory journalism, has become the voice of the
people or just the background noise that influences the judge sitting over a case that has been
publicly tried before it is decided in court.
Finding the truth, upholding democratic values, and addressing social, political, and
economic issues are all tasks shared by the judiciary and the media. In fact, the judiciary has
been referred to be the dispenser of justice and the engine for social reforms, while the media
has been described as the watchdog of society and the handmaiden of justice. Consequently,
both are necessary for the development of a civic society. These two cornerstones of
democracy frequently clash, though.

1.2 Problem Statement:

Public scrutiny of a high-profile case's handling by the criminal justice system is brought
about by the media. This could have an impact on the case trial process, which includes the
steps involved in obtaining and presenting evidence as well as the role of the witnesses and
other significant court components. Depending on the circumstances, media coverage of a
trial may have a favourable or detrimental impact on the criminal justice system. Despite the
impact that the media has had on criminal cases in other nations, there have been no formal
scientific studies on how the media has affected India's criminal justice system. There was a
need for further academic study on how the media affected cases that were being tried in
India. Findings could spark additional discussion on this influence.

The Indian criminal justice system has been reluctant to provide the media with information
on how it operates. However, when new media technologies are employed to exert pressure
on the system for increased access, this is anticipated to alter. Examining the media's impact
on the criminal justice system in India is necessary. According to studies, the media has a
greater impact on people's beliefs than science (Golding, Krimsky, & Plough, 1992; Ricketts,
2007; Shanahan, Jones, & Mcbeth, 2011). Research on the effects of policy narratives
reported in the media is scarce, according to policy literature (Nelson, Oxley, & Clawson,
1997; Shanahan, Jones & Mcbeth, 2011).

1.3 Research Hypotheses and Questions:

The current study was motivated by two research objectives in order to determine how media
intervention impacts the Indian Judiciary.
1. Does India's media trials have a favourable link with judicial judgments?
2. What impact do media trials have on the criminal justice system in India?
The following was examined to see if the media has an impact on India's judiciary.
H1: In India, there is no association between court decisions and media trials, and media
trials have no bearing on the country's criminal judicial system.
H2: In India, there is a positive association between court decisions and media coverage of
cases, and these trials obstruct the administration of justice.

1.4 Purpose of the study:

At a specific moment and location, the media affects how people talk. The public's
perception of social issues is influenced by the media. The media portrays the various ways
that people view disparate circumstances. The media tells tales in a way that will draw the
public's attention to the circumstances. Trials in the criminal court system have recently
attracted media attention, particularly in high-profile instances. The criminal justice system,
including witness testimony and the evidence gathered in a particular case, has allegedly
been hampered by this. There is a general belief that the media should treat criminal judicial
proceedings with caution. The goal of the current study was to determine how the media in
India affected the Indian judiciary.

1.5 Research Objectives

The objectives of this research are-
1. To examine the role played by the media in a democracy.
2. To analyze the role of investigative journalism in criminal trials and public opinion of the
case.
3. To critically analyze the practice of media trials.
4. To study the ill-effects of media trials.
5. To endeavor to strike a balance between the two conflicting rights, that is, the right to
privacy & fair trial right of the accused versus the right of freedom of the press.
6. To suggest a few steps to curb the prejudicial reporting of cases by the media.

1.6 Research Methodology

The research methodology used in this study is the doctrinal method. The study would use
various secondary sources, such as books, journals, newspaper articles, online sources,
research articles, statutes, conventions, etc., which are available relating to the concerned
topic. The researcher will also refer to various statutory laws and the Law Commission
Report of India about the topic to conclude this study

Chapter 2- Media trials and Freedom of Press

2.1 Introduction:
The Supreme Court has ruled that because of the media's enormous influence, it can
significantly harm a person's reputation by giving the impression that they are guilty before a
court of law can rule on the case. This occurs more frequently in high-profile cases where the
media stirs up public hysteria and puts the accused's life in jeopardy by portraying him as
guilty regardless of the court's decision. The defendant would then have to live his entire life
in the spotlight.
What originally began as a publicity stunt to grab people's attention and boost viewership has
persisted for far too long and is now jeopardising the very democracy from which it draws its
authority. Article 19 of the Indian Constitution, which ensures freedom of speech and
expression, Trial by media or any of its principles are not included in the Constitution. Press
freedom is a part of freedom of speech and expression. The entire concept of freedom of
speech centres on the expression or communication of ideas, regardless of the media
employed. However, this Article contains some restraints, making the freedom not absolute.
The legislature has the authority to place reasonable limitations on how this right may be
used. Opinions can develop into conflict. The freedom of the press is not in any way placed
in a higher position or of more significance than the freedom granted to the citizenry.
Dr. B. R. Ambedkar talked about freedom of press during the Constituent Assembly
Debates:

"Press has no special rights which are not given or which are not to be exercised by the
citizens in his individual capacity. The editor of a press or the manager is merely
exercising the right of the expression and therefore no special mention is necessary of the
freedom of the press”7

The media can be characterised as a group that serves the public interest by disseminating
information about their own elected government. One of the main reasons why the
government is so eager to restrict the freedom granted to them is because the media
frequently criticises the government and exposes flaws in its policies. Therefore, it is up to
the judiciary to protect journalistic freedom and strike down any legislation that runs afoul of
the Constitution and interferes with it8. In India, press freedom cannot be curtailed unless

7
Dr. Ambedkar‘s Speech in Constituent Assembly Debates, VII, 980.
8
Fali S. Nariman, ARE IMPEDIMENTS TO FREE EXPRESSION IN THE INTEREST OF JUSTICE, Vol 4, CIJL Yearbook, (1995)
and until it is employed excessively, at which point reasonable restrictions can be
established.
Even liberals, who are skeptical of the constraints that ought to be in place to prevent the
misuse, are of the opinion that free speech and expression rights to media without any
restrictions or disclaimers might result in devastation.
The restrictions outlined in Article 19 (2) 9 were a well-considered step to control the media
and guarantee a functional democracy. These limitations begin with the law governing
"contempt of court," "right to reputation," etc. When the media or press disparages someone
or something by using libel or slander, they are accountable. The media cannot violate
someone's right to privacy by exercising their freedom10.

It follows that a democratic society's foundation is the media. It holds all public institutions
responsible to the people they are supposed to serve by putting their operations under public
inspection. Additionally, it is crucial in aiding the administration of justice. The fact that the
media occasionally fails to use the freedom of the press that the Constitution has granted it in
the name of the "public interest," as mentioned above, cannot be overlooked. It ignores the
pressing problems at the heart of society. It disregards its obligation to uphold social justice
for all. Because of this, there is a need to regulate this press freedom.

Shri Somnath Chatterjee, who was the Speaker of Lok Sabha from 2004-2009, made a
noticeable observation in the context of freedom of the press.

He said:
“Freedom of the press, a cherished fundamental right in the country, is subject to
reasonable restrictions as contemplated by the Constitution itself. It cannot and does not
comprise deliberately, tendentious and motivated attacks on the great institutions of this
Republic, and their officers and functionaries. Freedom of the press does not also
contemplate making reckless allegations, devoid of the truth and lacking in bone fides. In
the name of exercising freedom of the press, there cannot be a trial by the press in which it
plays the role of both the accuser and the judge. Freedom of the press also encompasses
the fundamental duties of the press. These call for showing respect for others and
9
Article 19(2). Constitution of India.
10
Ibid
responsible behavior, and cannot permit denigration of constitutional bodies and
institutions and their important segments.”

2.2 How Media Evolved Before Regressing Toward Media Trials:

From print to digital, media has changed in India. In India before independence, there was no
constitutional or legislative guarantee of journalistic freedom. The colonial government
restricted media freedom and operation. Press freedom was implied and construed as a
consequence of the freedom of speech and expression guaranteed by Article 19(1)(a) of the
Indian Constitution, which was not addressed expressly in the Indian Constitution until after
independence11. To protect press freedom and support and raise the standards of Indian
newspapers and news organisations, the Press Council of India (PCI) was first founded in
197812. However, the preservation was brief.

The Indian "mainstream" media sector has long violated press freedom in several ways.
Nobody can dispute the importance of the media in shaping and influencing public opinion.
However, media trials frequently abuse their ability to sway free speech and expression.
Media trials violate the guidelines of a model code of behaviour and ethically misappropriate
the right to free expression. These trials interfere with court processes legally as well, which
affects the functioning of judicial tribunals.
A turning point in the media's flagrant conduct of its own trial occurred with the
Priyadarshini Matto case (2006)13. A law student was raped and killed in this instance. Trials
in the media can infer the verdict14.

The legal and social spheres kept interfering with one another during the Matto case
investigation. After much controversy, the matter gradually calmed down, although it is
frequently brought up again in the media when it's convenient. The Bhima-Koregaon case is

11
India Const. art. 19(1)(a)
12
Simran, ‘Regulation of media in India- A brief overview’ (PRS Legislative Research, 16 November 2011)
< https://www.prsindia.org/hi/theprsblog/regulation-media-india-brief-overview> accessed 21st Sept 2022
13
Santosh Kumar Singh vs State Th.Cbi [2010] 9 SCC 747
14
Kakoli Nath, ‘Media Trials in India’ ( Finology Blog, 3 September 2020)
a well-known and more recent example in this situation 15. The Maharashtra police detained a
few activists who were a part of an event planned a day before the Bhima Koregaon violence
that broke out in the state of Maharashtra. Elgar Parishad was the name of the occasion.
Meanwhile, the Indian media went berserk on conducting loud newsrooms proceedings.
Regarding the case, the Bombay High Court, chastising the leaking of letters, came to the
rescue. The Court also questioned the fairness of the investigation.

The Hon’ble Court held,

“The use of electronic media by the investigating arm of the state which did the task of
influencing public opinion during the pendency of the investigation completely subverts
the fairness of the investigation.”

The Noida Double Murder case (2008)16 is another illustration of the media overstepping its
bounds in this regard. The public was very interested in the deaths of Aarushi Talwar and
Hemraj Banjade because the girl's parents were charged with two murders. The case was rife
with rumours and speculation, and the media did everything in their power to exploit it.
In addition to running trials, the majority of the Indian media acted as detectives, invaded a
teen girl's private. The parents allegedly spotted the girl and housekeeper in a "compromising
posture," according to a story created by the media.The deceased's private information had
been violated by the Indian media, which had defamed the accusers and victims. Due to a
lack of proof, the court acquitted the couple, but the media had already accused them of
murder.

Many questioned the spectacular media coverage as a media trial because it featured
indecent accusations against Aarushi and the offenders. As people seem to love scandal,
especially when a famous person is involved, the media tends to focus on high-profile
situations when conducting these fictitious trials. Additionally, "investigating" such incidents
keeps viewers interested. Trials in the media frequently disregard the role of the judiciary, as
well as facts, evidence, and fair trials. Inappropriate and unfair stories that include invasions
of privacy, slander, and fake proof are frequently broadcast by the media without hesitation.
15
Romila Thapar vs Union Of India [2018]10 SCC 753
16
Dr. Rajesh Talwar And Another V. Central Bureau of Investigation, 2013 (82) ACC 303
2.3 Invasion of privacy by the Media

It is exceedingly hard to grasp the fullest conceivable definition of privacy. To come up with
a definition, we must examine privacy from the perspective of its intrusion. The definition of
an unjustified intrusion into someone's privacy is "a circumstance in which someone fails to
respect a person's right to protect certain personal information from being known 17". And in
more ways than one can conceive, developing technology has made this invasion possible.
Everyone has the right to privacy, regardless of their caste, creed,
Privacy became a fundamental right after the Supreme Court gave a historic judgment, K. S.
Puttaswamy (Retd.) and Anr. vs Union Of India And Ors, 2018 18. On August 24, 2017, a
nine-judge bench unanimously held:
“The right to privacy is protected as an intrinsic part of the right to life and personal
liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the
Constitution”.

The national identity project, the Aadhar framework, was contested in 2015, and the subject
of whether privacy is a fundamental right was raised. Even though the Supreme Court has
acknowledged privacy in a number of rulings, the Attorney General of India claimed that it
was not legally guaranteed. The court ruled that the right to privacy is fundamentally
enmeshed with the rights to freedom, to life, and to individual liberty and is not distinct from
the other constitutionally protected rights. The audience is also culpable in these invasions
because we support them by viewing voyeuristic media. Additionally, the media does a great
job at stoking our obsession.

Celebrities' private rights have been violated and abused by members of the public and the
media. The media today fabricates stories for views and emotional compassion, solely for the
benefit of TRP. All of these strategies have an impact on public opinion, which may have an

17
“Invasion of (someone’s) privacy.” Merriam-Webster.com Dictionary < https://www.merriam-webster.com/dictionary/invasion%20of
%20%28someone%27s%29%20privacy > accessed 21st Sept 2022
18
(2017) 10 SCC 1
impact on the legal system. The most recent case in point is the reported suicide of actor
Sushant Singh Rajput, which served as an example of obscene media coverage.

2.4 Trials in the Media and Obliterated Identity:

The mental health of survivors has always suffered as a result of unnecessary media
intrusion in delicate cases, especially when it involves sexual exploitation and harassment.
The media can be brutal at times. They disclosed the survivors' private lives to the world,
which can cause further emotional stress. The media creates a fog around such incidents in
public places, which it then feeds off of for as long as there is continued interest in the story.
Therefore, rape and other sexual offences could further isolate the survivor if they are
frequently made public, even with positive motives. Despite the fact that Section 228 of the
IPC forbids it, the media frequently discloses the identity of the survivor. For instance,
"Nirbhaya's" genuine identity and photo ran in the public arena in the Delhi Gangrape case
of 201319.
The Court addressed the question of when the name of the survivor can be revealed in Nipun
Saxena & Anr. V Union Of India & Ors. In their 2018 ruling, a bench of Justices Madan B.
Lokur and Deepak Gupta established the norm.

The judgment said:

“No person can print or publish in print, electronic, social media, etc. the name of the
victim or even in a remote manner disclose any facts which can lead to the victim being
identified and which should make her identity known to the public at large. The bar
extends to anything which can even remotely be used to identify the victim 20”.

Despite a provision, the 2018 judgment and Bhupinder Sharma judgment (2002) 21,there have
been several instances where the names and photographs of the victim were circulated on
public platforms. Identification parades for the accused held in accordance with the Code of
19
Mukesh v. State (NCT of Delhi) [(2017) 6 SCC 1]
20
Krishnadas Rajagopa, “Sexual crimes: SC places total bar on media disclosing victims’ names, identity” The Hindu (New Delhi, 11 DECEMBER
2018) <https://www.thehindu.com/news/national/names-identities-of-victims-of-rape-and-sexual-assault-not-to-be-disclosed-sc/
article25716591.ece > accessed 22nd Sept 2022
21
Bhupinder Sharma v. State of Himachal Pradesh, Appeal (Crl.) 1265 of 2002
Civil Procedure would be disadvantaged if the suspect's images were published in the media.
Publications that obstruct the administration of justice are considered to be in contempt of
court under the Contempt of Court Act. The assumption of innocence unless proven guilty is
another fundamental of natural justice that is underlined.

Chapter 3 - Media Trial with special reference to Fair Trial.

It is undeniable that the media has sparked a conflict between the right to press freedom and
a fair trial. When questioned about this, the media argues that a democracy can only exist in
the presence of a free press, which is a right derived from the people's right to be informed
about the ongoing of their elected government on subjects that affect them. The media
frequently has a tendency to alter the truth in order to boost audience, which leads to regular
deviations from the legal system's conception of justice 22. The people concerned lose their
right to a fair trial as a result of this departure and overreaching into the judiciary's purview.
By prejudicing facts, it infringes on people' rights, making it crucial to strike a balance
between the press's right to free speech and the public's right to a fair trial 23. In a democratic
society, the promise of a fair trial is just as crucial as press freedom. The whole foundation of
democracy would be undermined if media trials caused people to question the judiciary's
ability to administer justice.

While there have been occasions where media intrusion has helped victims and accused get
justice, there is the question of whether the ideal of free speech can be stretched in such a
way as to undermine the right to free trial. Because the media rarely distinguishes between
an individual who is an accused and a convict, the idea of audi alteram partem is
compromised. Thus, the media frequently declares the accused as guilty before the court
rules, which causes public panic to ruin the accused's life even if he is ultimately found
innocent. The media has assumed the role of the court of the people, manipulating the facts
and offering slanted opinions while also exerting pressure on the courts to rule in accordance
with their reporting and opinions24.

The core of democracy and our Constitution, which also guarantees other rights, is the right
to a fair trial. The instances with the worst representations are those involving sexual
offences, where the victim's past sexual behaviour is sometimes explored and reported in the
media. The victim is subjected to severe social stigma as a result, which frequently leads to
suicide. Both the accused and the victims are viewed as newsworthy subjects, endangering
their reputations. When the media undertakes parallel trials, particularly in cases that are
under judicial review, the judge's capacity to render impartial decisions based only on the
merits of the case is compromised.

22
Simran, ‘Regulation of media in India- A brief overview’ (PRS Legislative Research, 16 November 2011)
<https://www.prsindia.org/hi/theprsblog/regulation-media-india-brief-overview> accessed 20th Sept 2022
23
Ibid
24
K.D. Gaur, “Constitutional rights and freedom of Media in India” (1994) Journal of the Indian Law Institute- JSTOR
<https://www.jstor.org/stable/43952367> accessed 22nd Sept 2022
 If the judge rules or issues a verdict that differs from the opinion or decision made by the
media, the judge is depicted as being prejudiced, corrupt, and incapable of carrying out his or
her duties. A very threatening situation has arisen as a result of the continued scrutiny in sub
judice cases25. Without a shadow of a doubt, the media has enormous influence over the
populace. When this influence is abused under the guise of participatory journalism, it
affects the case by unconsciously influencing the judge's decision because the media has
already heard the case before the Court made its ruling.

The right to a fair trial in court, by an impartial jury unaffected by newspaper dictation or
popular Glamour, is guaranteed under the constitution. What would happen to this right if
the press was allowed to speak in a way that affected and controlled the legal system? Keep
in mind that democracy involves honesty and openness; if these are restricted on even the
thinnest of justifications, the fundamental idea of democracy is at risk 26. With almost little
accountability, Indian courts have grown to be the most powerful in the entire globe.
However, even the courts are subject to error. Every organisation, including the judicial
system, contains some bad apples and dishonest judges. Judges make up the judicial system,
and as they are also people, they can have motivations other than an objective view of the
law and justice27.

It would be foolish to claim that none of them—or at least some of them, at least
occasionally—are motivated by factors related to their individual ideologies, allegiances,
preferences, biases, or even factors related to corruption and nepotism 28. In a democratic
society, the problem ultimately revolves around the judiciary's own accountability for
silencing any criticism by threatening to use the power of contempt. Even an occasional use
of this power is sufficient to prevent most people from speaking anything that would irritate
their Lordships, suppressing free speech and remarks on the court.

25
Ibid
26
Teacher, Law. (November 2013). Effect of Trial by Media before Indian Courts. Retrieved from https://www.lawteacher.net/free-law-
essays/commercial-law/effect-of-trial-by-media-before-courts-law-essay.php?vref=1, visited on 22nd Sept 2022
27
Ibid
28
Press Law Guide, “Fair Trial”, available at: http://www.thehoot.org/press-laws-guide/fair-trial-6286 (Visited on 23rd Sept, 2022).
In Shalab Kumar Gupta and Ors. v. B.K. Sen and Anr 29. It was held by the Supreme Court
that:
“No doubt it would be mischievous for a newspaper to systematically conduct an
independent investigation into a crime for which a man has been arrested and to publish
the results of that investigation. This is because trial by newspapers, when a trial by one of
the regular tribunals of the country is going on, must be prevented. The basis for this view
is that such action on the part of a newspaper tends to interfere with the course of justice
whether the investigation tends to prejudice the accused or the prosecution. There is no
comparison between a trial by a newspaper and what has happened in this case.”

3.1 The Law Commission Report

The Law Commission has eloquently outlined the advantages and disadvantages of media
trials in its 200th report, “Trial by Media: Free Speech and Fair Trial Under Criminal
Procedure Code, 1973”. The Law Commission made several recommendations in this report
to address the negative impact of sensationalised news reports, as well as alleged
victimisation by the media, on the administration of justice, as well as measures to postpone
proceedings. The Law Commission also stated that such powers cannot be granted to
subordinate courts where criminal proceedings are "active." This is so that the lower courts
can't pursue contempt cases under the Contempt of Court 1971 Act.

Under Section 15(2)30, they can only make a ‘reference’ to the High Court. The commission
has recommended prohibiting publication of anything that is prejudicial towards the accused
— a restriction that shall operate from the time of arrest. It also reportedly recommends that
the High Court be empowered to direct postponement of publication or telecast in criminal
cases. The Report also makes recommendations for changing the provisions of the Contempt
of Courts Act, 1971, which talk about utilising "active" and "arrest" in sec 3 31 and "actual
risk of substantial prejudice" in new sec 14A. Publications that are made after a person has
been arrested can be detrimental.

29
1961 AIR 633, 1961 SCR (3) 460
30
Section 15(2), Contempt of Court Act 1971
31
Section 3, Courts Act, 1971
It was argued that a criminal case should begin at the time of the accused's arrest rather than
when the charge sheet was filed. According to the Commission, such a change would stop
the media from prejudging or negatively impacting the case.
In addition, the Commission recommended in its report that the High Court be given the
authority to order print or electronic media to put off publishing or airing a story on a
criminal case and to forbid the media from doing so. The 17th Law Commission has
recommended that the Centre pass legislation that would forbid the media from publishing
any information that might violate an accused person's rights in a criminal case from the
moment of their arrest through the course of their investigation and trial 32.

The Law Commission of India has listed a number of press actions that interfere with the
proper administration of justice in Chapter IX of the aforementioned report 33. These include
direct insinuations of the accused's innocence, the criticism of witnesses, the premature
release of evidence, the publication of confessions, publications that comment on or reflect
on the case's merits, publications involving case-related photos that could compromise the
accused's identity34, the creation of an atmosphere of prejudice, the criticism of witnesses, the
premature release of evidence, the publication of confessions, and publication of
information.

3.2 Media trials under International Law

A free and fair trial is strongly encouraged by international jurisprudence on media

preliminary proceedings. A few quotes from international agreements and legal cases
support this claim. The Judiciary shall ensure that "legal procedures were conducted honestly
and the rights of parties were protected," according to Article 6 of the UN Basic Principles
on the Independence of the Judiciary35.
The 200th Law Commission Report on Media Trials examined the fundamental principles
outlined in the Madrid Standards of 1994, which conceptualise provisions under the ICCPR,

32
Mohd. Aqib, Utkarsh Dwivedi. Judiciary and Media Trial: A Need for Balance. Indian J Law Hum Behav. 2019;5(2):155–161.
33
The 200th Law Commission of India Report
34
Ibid
35
Yashdeep Lakra, Choking Freedom of Press: The Death of Mainstream Media in 2020, ACADEMIKE, (Sept.
30, 2021, 1:16 PM), https://www.lawctopus.co, visited on 23rd Sept 2022
and the 1985 UN principles on the Independence of Judiciary to present the association
between the media and jurisdictional independence36.

In any democratic nation governed by the Rule of Law, media independence is essential.
Judges must uphold and put into practise the freedom of the press by only imposing
limitations that have been authorised under the ICCPR. “The media have a responsibility to
respect the rights of people, protected by the International Covenant and the independence
of the judiciary”, reads the specific clause of the ICCPR. In addition, the freedom of the
press has been construed in accordance with the fundamental standard to include instances
before, during, and after trials while maintaining the assumption of innocence in reporting
information and making commentary on the administration of equity.

Chapter 4- Judicial Decisions

1) R.K. Anand v. Registrar, Delhi High Court37

Citation: [(2009) 8 SCC 106]
36
Bhargava, I. S. A. H. (2021, October 12). Hampering Judicial Independence: Media Trials in India, Its History and a Fresh Perspective.
Academike. Retrieved June 22, 2022, from https://www.lawctopus.com/academike/media-trials-in-india-history/#_ftn25
37
Judgement:
The Supreme Court held that NDTV was not guilty of trial by media and the phenomenon of
trial by media was described as the impact of television and newspaper coverage on a
person's reputation by creating a widespread perception of the guilt regardless of any verdict
in a court of law. The Court dismissed the appeal of R.K Anand and issued him a notice for
the enhancement of punishment.

2) Sushil Sharma v. The State (Delhi Administration and Ors,

Citation: 1996 CriLJ 3944

The Court’s View:

The court held that postponement or suspension of trial, is neither sustainable in law nor on facts.
There is in fact no right vested in the petitioner to get the session trial once started postponed. The
court held that if petitioner was not expecting fair trial he could have got the case transferred. The
court also suggested that he could have asked the Trial Court to hold the session case in camera. But
no such request was made by him. The court also held that not a single instance has been pointed
out by the petitioner when because of these news items he has been prejudiced. The hon’ble high
court stated that “Freedom of speech should not be limited to any greater extent than is necessary,
The path of criticism is a public way. That right puts greater responsibility upon those who take
up the responsibility to inform.”

The court stated that in case of excessive publicity of Court proceedings, the proceedings can be
held in camera in order to avoid the same. There was little evidence that the accused had murdered
his partner. However, while the case was still pending in the court, the media had started portraying
the accused as a murderer and was capable of changing the views of the public even before the
decision of the case. It held by the High Court of Delhi that the conviction of any person would
solely be based on the facts of the case and not because the media wanted the person to be declared
as guilty. The charges also have to be framed against the person accused based on the evidence
available on record and not based on what the media portrays the person to be.

3) Y.V. Hanumantha Rao vs. K.R. Pattabhiram and Ors

Citation: MANU/AP/0070/1975
 Court’s View:

The court states that the law on contempt holds that when litigation is pending before a Court, no
one shall comment on it in such a way there is a real and substantial danger of prejudice to the trial
of the action, The Hon’ble court holds that the article makes no reference either expressly or even
by necessary implication to the pending case in the Court. It does not likewise make any reference
either to the parties to the litigation or to the question referred to in the writ petition. Therefore, the
article cannot be characterised as calculated to bring a court or a Judge into contempt or it amounts
to interfering with the course of justice. The court also states that they try to preserve the rights of
the parties or the witnesses appearing therein from being attacked till the disposal of the pending
case, but they are not so sensitive as to even consider academic writings as interfering with the
administration of justice.

4) Romila Thapar & Ors. V/s Union of India & Ors.

Citation: (2018) 10 SCC 753

Court’s view on Trial by Media:

Justice D.Y Chandrachud, in his dissenting opinion on the arrest of 5 well-known people, noted that
the way police misuse the media, it impacts the reputation of the people involved in the case. He then
stated that “The use of the electronic media by the investigating arm of the State to influence public
opinion during the pendency of an investigation subverts the fairness of the investigation. The police
are not adjudicators nor do they pronounce upon guilt. In the present case, police briefings to the
media have become a source of manipulating public opinion by besmirching the reputations of
individuals involved in the process of investigation. What follows is, unfortunately, a trial by the
media.”

Chapter 5 - Role of Legislation on Media Trials

No one's fundamental human right to privacy, regardless of their side in a legal dispute,
should be jeopardised in the name of news outlets' self-serving agendas. It is obvious that the
media should not be granted complete freedom to conduct investigations in the absence of
any appropriate government regulation. They shouldn't be permitted to abuse their
fundamental right to free expression by pushing the boundaries of propriety. The following
are ways that statutory restraint on media trials can be applied:

Press Council of India Act

Section 1338 of the Act gives the Press Council of India the authority to oversee any content
reported by any newspaper and to maintain and raise the bar for Indian newspaper reporting.
It has the authority to reprimand newspapers that publish material against the interests of the
public and are responsible for professional misconduct under Section 14.

The Cable Television Networks (Regulation) Act, 1995 and 1994 Rules
The Programme Code, which governs the kinds of programmes that will be broadcast, is
outlined in the CTVN guidelines.
The CTVN Act gives the authorised officer the authority to forbid the broadcast of specific
programmes in the interests of the public or the entire television network in order to uphold
morality and decency in society. In addition, the Bombay High Court's verdict in the Sushant
Singh Rajput death case strengthened its position on media trials by holding that the Central
Government had an opportunity to adhere quickly to petitions alleging violations of the
Program Code.

IPC Sections 124A, 499, and 505

In situations when publications violate Section 124A 39 of the IPC, committing the crime of
sedition, and Section 49940, committing the crime of criminal defamation through its
publications, the media trials may be regulated. The fourth and fifth exceptions under this
Section, however, exempt any publication of court reports, opinions on the merits of cases
adjudicated in court, or witness behaviour from the definition of defamation. When a
publication is made with the intention of making an armed forces member fail in their duties,
inspiring fear in others to conduct crimes against the state or public peace, or inciting hatred
and violence among people, Section 505 can be utilised to punish the media.

Police (Incitement of Disaffection) Act, 1922

38
Press Council of India Act
39
Section 124A, Indian Penal Code
40
, Section 499, Indian Penal Code
If the media purposefully publishes anything that undermines public confidence in the police
department, it may be subject to regulation under the Act's interpretation of this clause 41

The Indian Constitution's Articles 14 and 21.

Article 1442 is crucial because it grants the right to pursue equality before the law and equal
protection under the law. A trial can no longer be referred to as a fair and just trial before the
court if the media introduces bias into it. The most important provision in this case is Article
2143, which refers to the right to life. The scope of the right to life has been broadened by
numerous rulings. Now, it also analogously encompasses the right to privacy and the right to
reputation, which can be asserted in instances of violations by media outlets.

The Contempt of Courts Act 197144

Both civil and criminal contempt of court are defined under Section 2 45. The rules for
publication are particularly mentioned in clause (c) of the aforementioned Act, which states
that publications that scandalise, prejudice, or interfere with the administration of justice or
the conduct of judicial proceedings constitute contempt of court. Sections 3 46, 447, and 548
provide additional criteria and clarification that can be used to distinguish between a fair
publication and a prejudiced publication.

5.1 Prejudice or interference with the judicial process:

This phrase was inspired by the natural justice notion that "every accused person has a right
to a fair trial" and "Justice may not only be done, but must also seem to be done." There are
many different ways that attempts are made to sway a trial. If these trials are permitted to
proceed, the people involved will be found guilty of crimes they did not commit. In order to
41
Section 3, Police (Incitement of Disaffection) Act, 1922
42
Article 14, The Constitution of India
43
Article 21, the Constitution of India
44
Sections 2, 3, 4, and 5 , The 1971 Contempt of Courts Act
45
Section 2, The Contempt of Courts Act 1971
46
Section 3, The Contempt of Courts Act 1971
47
Section 4, The Contempt of Courts Act 1971
48
Section 5, The Contempt of Courts Act 1971
stop these unfair and unjust trials, contempt of court has been established. No publication
intended to taint the minds of the jury, frighten witnesses or parties, or foster an environment
where the administration of justice would be challenging or impossible does not constitute
contempt. The law as to interference with the due course of justice has been well stated by
the chief justice Gopal Rao Ekkbote of Andhra Pradesh High Court in the case of Y.V.
Hanumantha Rao v. K.R. Pattabhiram and Anr49 , where it was observed by the learned judge
that:

“ …… When litigation is pending before a Court, no one shall comment on it in such a

way there is a real and substantial danger of prejudice to the trial of the action, as for
instance by influence on the Judge, the witnesses or by prejudicing mankind in general
against a party to the cause. Even if the person making the comment honestly believes it to
be true, still it is a contempt of Court if he prejudices the truth before it is ascertained in
the proceedings. To this general rule of fair trial one may add a further rule and that is
that none shall, by misrepresentation or otherwise, bring unfair pressure to bear on one of
the parties to a cause so as to force him to drop his complaint or defense. It is always
regarded as of the first importance that the law which we have just stated should be
maintained in its full integrity. But in so stating the law we must bear in mind that there
must appear to be ‘a real and substantial danger of prejudice’.”

The judge making the decision or the case in question may be prejudiced, which is another
unfavourable effect of media trials. In America, there is a strong conviction that media
stories or trials have little bearing on the decisions made by juries and judges. In contrast to
America, India has long since abolished the jury system, and there is a theory that judges in
our nation may be unconsciously influenced by the news. This unintentional outcome occurs
as a result of the judge frequently being under pressure from the media and a misinformed
public to rule in favour of the newspapers.

Judges cannot ever be swayed by media reports and publicity, according to Lord Denning, a
famous jurist of the 20th century. This opinion was not shared by the House of Lords.
According to Justice Frankfurter, a candidate for judicial office cannot be knowingly
49
AIR 1975 AP 30
affected by what they witness or hear outside of the courtroom. The judge always bases his
or her rulings on the evidence and arguments presented. However, since judges are only
human and dispensing justice is a delicate job, irresponsible publications could seduce them
and lead them astray from the road of justice.

Contempt of court charges should be brought against news items that were published with
the goal to sway the presiding judges' opinions on the subject topic. Even if the judges are
capable and impartial, they may still be subtly influenced by their environment, hence the
media should be restrained from covering such proceedings. It cannot be ruled out in any
way that these trails play a part in the development of biases and prejudices. The legal
system is greatly endangered by the biassed statements broadcast or published, as these
remarks may have an impact on the judges as well as the witnesses for the plaintiffs.

In Balakrishna Pillai v. State of Kerala 50 the Supreme Court held that "the grievance relating
to trial by press would stand on a different footing. Judges do not get influenced by
propaganda or adverse publicity." The court has also criticised the practise of investigative
journalism which does not only interfere in the process of the judiciary but also hampers the
process of evidence collection.
The International Commission of Jurist's centre for the independence of judges and lawyers
and the Spanish Committee of the United Nations International Children's Emergency Fund
invited a group of 40 distinguished legal experts and media figures to a meeting in Madrid,
Spain, from January 18 to 20, 1994. The meeting's main goal was to examine the relationship
between media coverage and judicial independence, as protected by the United Nations
Principles on the Independence of the Judiciary from 1985. The "Madrid Principles on the
Relationship between the Media and Judicial Independence" were the meeting's outcome 51.
A particular part of the preamble states:

“media have an obligation to respect the rights of individuals protected by the

International Covenant, and the independence of judiciary.”

50
MANU/SC/0172/2000
51
The Madrid Principles on the Relationship Between The Media And Judicial Independence (1995) journal of African law <
https://www.cambridge.org/core/journals/journal-of-african-law/article/abs/madrid-principles-on-the-relationship-between-the-media-and-
judicial-independence/D52888FDD1BC0119AD08AEAA146CABE2> accessed 23 june 2022
It furthers that in a democratic society ruled by law, media freedom is an integral part of
freedom of speech. Therefore, judges must consider and give effect to media freedom by
imposing a simple presumption in their favour and allowing only those limitations on media
freedom permitted by the International Covenant on Civil and Political Rights (International
Covenant) and defined in specific laws.
The media sensation has a significant impact on the trial. Judges are not exempt from
criticism, just like any other human being, about their judicial conduct or any other activity
that is solely personal. Judges or juries may unintentionally be influenced by a media outlet.
Judges begin to take media criticism into account when making decisions if they diverge
from the media's point of view. The Supreme Court in State of Maharashtra v. Rajendra
Jawanmal Gandhi52 observed that has held that a trial by press, electronic media or by way of
a public agitation is the very anti-thesis of rule of law and can lead to miscarriage of justice
and a Judge is to guard himself against such ‘pressure’.

Impact on the accused, the victim, and the witness:

Serious bias against the accused or suspect is possible. Though the media portrays the
subject as if he has already been found guilty before the court case even begins. Even if the
accused individual is ultimately found not guilty following a fair trial, this may not enable
him to restore his damaged reputation in society. Additionally, there is a risk that if the
identities of the witnesses are made public, pressure from the authorities and/or the accused
or his associates will put a strain on the witnesses' security. Additionally, there are instances
where it's necessary to protect the victim's identity from any potential legal violations.

Chapter 6 - Conclusion and Suggestions

6.1 Conclusion:

Even so, the media serves as a watchdog and a platform to bring the voices of the
underrepresented to the attention of society and legislators. But the media today is so
sensationalised, and they only work for their pay and TRPs. Few reporters just broadcast
news that they have been paid to do so by political parties. It is evident from the story above
52
(1997) 8 SCC 386
that the media had more of a negative impact than a favourable one (except for a few
exceptions here and there). The courts must appropriately control the media 53. The court
proceedings are not a sporting event, hence the media cannot be given unrestricted access.
The best method to control the media would be to use the court's contempt power to punish
those who go against the fundamental code of behaviour. As was already mentioned, the
Supreme Court has sanctioned the use of contempt powers by courts against media outlets
and newspapers in a number of cases. Freedom of speech and expression cannot be granted
to the media to the point where it prejudices the actual trial.

One of the main reasons why the media should be careful about what it publishes and
broadcasts is because it has such a significant impact on the general people. The media has a
moral obligation to present the public with accurate information so that they can draw their
own conclusions or create judgments. Electronic media is to blame for the entire mess,
despite the fact that print media has been regulated and hardly ever strays from these laws.
Since there are no regulations governing the electronic media, it has been experimenting to
find what works and what doesn't. In order to control its audience, media should refrain from
releasing and publishing vulgar over sensationalized news that only presents one side of the
topic.

Politicians and businesses who will provide them with the right fun ring to climb to the top
of the ladder have influence over the industry because of its high commercialization. More
bad than beneficial impacts have resulted from this. It might be stated that the media has
served as a catalyst in numerous cases, such as the murder of Jessica Lal, where the media
was instrumental in identifying the offender through a series of sting operations. In the
Priyadarshini Mattoo case54, the media also had a significant impact on how justice was
administered. However, these are exceptional occasions in which media influence was
helpful.

Through its reports, the media almost forced the court to give the Nirbhaya Rape case
defendants the death penalty. As a result, meddling has frequently done more harm than
good. As long as the media only serves as a catalyst and refrains from interfering with the
53

54
MANU/SC/0801/2010
judicial process by convicting one of the parties before the trial, it will have a good effect on
them. The media should be aware of the distinction between aiding the administration of
justice by the court and impeding it by meddling and crossing lines. The media must cover
the case's facts and circumstances, but the judiciary alone is responsible for making the final
decision.

Media will attract more viewers if it operates only on the basis of audience and financial
gains. Therefore, it frequently crosses moral and legal lines to divert attention away from
actual policy issues and toward a more voyeuristic watching paradigm. Talks or debates on
active cases don't accomplish anything because, in the absence of proof and a real legal trial,
the majority of these discussions end in defeat.
There is an abundance of knowledge available today. As a result, there is constant pressure
to perform and be active on television and other platforms. How can we reasonably control
the media without undermining its democratic function in an environment where the media
landscape is already so competitive? And who ought to impose these limitations?
The third and fourth pillars of a democratic system are the judiciary and the media,
respectively. Both are essential to the system's efficient operation. While the former should
respect the latter's freedom and right to report on court proceedings in an open judicial
system, the latter should also exercise utmost caution and due diligence when doing so in
order to protect the sanctity of the former and to guarantee a free and fair trial.
Any conflict between the two over news coverage of pending litigation is unjustified. On the
contrary, they should both cooperate while honouring the independence and purview of the
other.

Without a doubt, the right to publish news should be exercised by the media. However, when
it begins interfering with the administration of justice, the judiciary may be able to help
create a fair set of rules. In addition to setting important boundaries for delicate instances to
prevent media trials in India, these standards shouldn't jeopardise the quality of reporting.
A responsible media is the handmaiden of effective judicial administration 55. Free and
robust reporting, criticism and debate should be there which contributes to public
understanding of rule of law and a better understanding of the entire justice system. The
55
Nariman, Fali S., Are Impediments to Free Expression in the Interest of Justice, CIJL Yearbook, Vol 4, 1995
accused, his or her family, witnesses, attorneys, and most significantly, the judges of the
court are all impacted by the media trial. Examining how other nations handle the 'trial-by-
media' issue may be instructive. The majority of nations acknowledge that these actions
reduce court authority and erode public trust in the legal system.

6.2 Recommendations:

The following are some ideas that may help to lessen the risk of media scrutiny:
First, the 1971 Contempt of Courts Act needs to be modified in order to stop the media from
publishing inaccurate information and interfering with the administration of justice. The time
of "arrest" should be used as the starting point for the "pendency of a criminal process." The
200th Law Commission Report also suggested it. However, this suggestion has not yet been
put into practise, and
Second, the statutory organisation "Press Council of India" (PCI) is concerned with raising
and preserving the standards of print media. The Press Council of India Act of 1978 grants
very few authority to the PCI. The Act must be changed in order to provide the PCI
additional authority to take action.
Third, the Press Council Act of 1978 only addresses print media; therefore, it is necessary to
expand its scope to include electronic media. The broadcasting media will be subject to some
sort of external regulation in addition to its own self-regulation if it is included in the
aforementioned Act.
Fourth, there should be a set minimum requirement to work in the media industry. It is
important to inform the media professionals on media rules and restrictions. This will enable
them to establish boundaries early on in their professional careers.
Fifth, it has become imperative to statutorily define “digital journalists” and “digital news
agencies”. “Offline” and “Online” news media should also be clearly defined and
distinguished so they can be regulated in a better way.
Sixth, submission of an annual statement by the media outlets about compliance with the
code of ethics to the regulator should be made mandatory as in the UK. This will help in
upholding responsible and ethical journalism.
Seventh, there is a necessity for the training of young journalists in the profession. This can
be done directly by the media houses in the form of workshops or seminars as part of the
journalism course. New approaches need to be developed where students pursuing
journalism should be informed about laws relating to media, working of the press, standards
and ethics to be followed by professionals56.
In addition to these suggestions, what is required is that the media should understand that it
should refrain from any publication that may hinder the administration of justice and fair
trial. It should be cautious while expressing its views and should know that trial by media is
never appreciated. In conclusion, through this study, and more specifically through the
analysis of the cases that witnessed media intervention, it can be stated that media trials
interfere with the administration of justice and the rights of the accused.

The New Zealand courts' position is commendable in this regard:

“In the event of conflict between the concept of freedom of speech and the requirements
of a fair trial, all other things being equal, the latter should prevail.”

REFERENCES:

• Articles:
1) David S. Bogen, The Origins of Freedom of Speech and Press, 42, MLR, 429
(1983)
Kauser Hussain & Srishti Singh, Trial by Media: A Threat to the Administration of
Justice, 3 SAJMS 195 (2016)
2) Prerna Priyanshu, Media Trial: Freedom of Speech v. Fair Trial, 3 IJLLJS 284
(2015)
3) S. Aruselevan, Role of Media in Making Public Policy on India’s Criminal Justice
System: A Study of News Reporting on Actor Salman Khan’s Acquittal in A Murder
Case, 14, GMJ, 1 (2016)

56
Teacher, Law. (November 2013). Effect of Trial by Media before Indian Courts. Retrieved from https://www.lawteacher.net/free-law-
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