INTRODUCTION
In constitutional law, the power to punish is given to the State. Punishment is meant to follow a determination of guilt of the competent court, after adherence to the court process, rules of evidence, and principles of natural justice. However, in contemporary society, this monopoly over punishment is increasingly being undermined by the rise of public shaming as extra-legal punishment. Through media trials, viral social media outrage, and online campaigns, individuals are subjected to intense public condemnation even before any judicial finding of guilt. Allegations, suspicions, or unverified claims often trigger moral outrage, leading to reputational damage, social exclusion, economic loss, and psychological harm.
What makes public shaming really problematic is that it operates outside of the process of law. There is no presumption of innocence, no opportunity to be heard, no proportionality, and no mechanism for appeal. Once a person is publicly branded as guilty, the damage is often irreversible, even if the legal system later acquits them.
This blog examines public shaming as a socio-legal problem, analysing how it blurs the boundary between law and social control, undermines constitutional protections, and transforms public opinion into an instrument of punishment.
WHAT IS PUBLIC SHAMING?
Public shaming occurs when a person is publicly criticised, humiliated, or judged by society, often through news media, social media, or public discussions, without a court deciding whether the person is actually guilty. People quickly form opinions. Unlike legal punishment, which is given by the State after a fair trial and proper legal procedures, public shaming is informal and uncontrolled. It is based on public opinion and emotions rather than facts proved by law.[1]
Examples of Public shaming are Media in criminal trials, social media outrage posts, Cancel Culture, Public naming and shaming, and false accusations going viral.
ROLE OF MEDIA AND SOCIAL MEDIA IN PUBLIC SHAMING
Media and social media play a big role in public shaming today. Also known as Trial by Media sometimes. News channels and online platforms often go beyond reporting facts and start judging people. In many cases, they treat an accused person as guilty even before the court makes a decision.[2]
News channels sometimes run debates and show repeated stories about a case. They use strong words and headlines that influence people’s thinking. This creates a public belief that the person is guilty. Even if the court later proves the person innocent, the damage to their reputation remains. The case of Arushi Talwar[3], where the parents were repeatedly portrayed as guilty. The public opinion turned against him even before the trial ended. This shows how strongly media and public opinion can result in public shaming.
Social media makes the problem worse. Information spreads very fast, and people share posts without checking if they are true. Many users comment, abuse, and attack the person online. Since anyone can post anything, there are no clear rules or control.
From my point of view, social media and news channels also create awareness. People consuming such media are aware of their surroundings. But this can also be used in a negative way. People can spread false information through these media, and it can circulate among others in seconds. News channels and social media platforms should use this safely. For example, they should not post incomplete stories or false statements just to get readers. Readers can form biased opinions.
EFFECTS OF PUBLIC SHAMING
Firstly, Public shaming causes serious mental harm. People who are publicly shamed often suffer from anxiety, depression, fear, and social isolation. In extreme cases, it can lead to self-harm or suicide. Unlike legal punishment, there is no counselling, time limit, or rehabilitation.
Secondly, Legal punishment ends after a sentence, but public shaming stays online forever. Even after an acquittal, search results, news articles, and videos continue to label the person as accused.
Thirdly, Public shaming often involves sharing private details, photos, and personal information. This violates the rights to dignity and privacy under Article 21 of the Indian Constitution. The law protects dignity, but public shaming destroys it.
Public shaming does not affect only the person who is accused, but it also deeply affects their family members, who are often completely innocent. When a person is publicly shamed through media trials or social media outrage, their family is dragged into the public spotlight without any fault of their own.[4]
Furthermore, when society believes a person is guilty, it becomes difficult to ensure a fair trial. Witnesses may be influenced, judges may face public pressure, and the accused may be labelled as guilty even before the trial ends.
DIFFERENCE BETWEEN ACCOUNTABILITY AND SHAMING
Accountability and public shaming are often confused, but they are not the same. Accountability means holding a person responsible for their actions through proper legal procedures. The aim of accountability is justice, correction, and prevention of future harm, not humiliation. Public shaming, on the other hand, focuses on exposing and humiliating a person in front of society. It happens without proper investigation or proof and is driven by emotions like anger and outrage. Instead of providing justice to the victim, shaming seeks to damage one’s reputation.
Another key difference is proportionality. In accountability, punishment is proportionate to the offence and ends after a certain time. In public shaming, the punishment is often extreme and permanent. A single allegation can lead to lifelong stigma because internet content does not disappear, even if the person is later proven innocent.
HOW TO MOVE FORWARD?
Public shaming as extra-legal punishment is a growing socio-legal problem, especially in the age of digital media. Addressing it requires action at the level of law, media, platforms, and society.
It requires responsible media reporting, with new media adhering to ethical standards when covering criminal cases. Also, Courts and regulatory bodies should strictly monitor and penalise media outlets that conduct trials through television debates or news coverage.
Furthermore, the State must ensure better protection of an individual’s right to privacy and dignity, especially in cases involving allegations. Publishing personal information, photos, or private details of accused persons should be restricted unless necessary for public interest.
Public shaming has become a common problem today. Through media and social media, people are judged and punished even before any court decision. This causes serious harm to a person’s reputation, mental health, and family life. Even if the court later proves the person innocent, the damage often remains. Public shaming ignores fairness, dignity, and the rule of law. In a democracy, punishment should come only from courts, not from public anger or online comments. To prevent this, the media must act responsibly, social media platforms must be controlled, and people must learn to respect the legal process.
CONCLUSION
Public Shaming may seem like quick, easy justice, but it causes severe harm. When society acts as a judge or jury, it ignores due process, fairness, and the right to dignity. Once a person’s reputation is damaged, it is hard to restore it, even if the person was found innocent. In a democratic country, punishments should come from the courts and not from public outrage. Responsible media and the proper use of social media are important factors in ensuring that justice is delivered correctly.
Author(s) Name: Ishita Sahay (Symbiosis Law School, Pune)
References:
[1] Allison Hahn and Elena Popan, ‘Public Humiliation (Shaming)’ (EBSCO, 2024) <https://www.ebsco.com/research-starters/law/public-humiliation-shaming> accessed 10 January 2026
[2] Grant Longstaff, ‘Trial by Media’ (University of Law Blog, 26 September 2025) <https://www.law.ac.uk/resources/blog/trial-by-media/ > accessed 10 January 2026
[3] Rajesh Talwar v State of U.P. 2017 SCC OnLine All 5724
[4] Joni E. Johnston, ‘The Anatomy of Public Humiliation at Work’ (Psychology Today, 10 June 2024)
<https://www.psychologytoday.com/us/blog/the-human-equation/202406/the-anatomy-of-public-humiliation-at-work> accessed 10 January 2026
