INTRODUCTION
A system of a trial by media is when the concept gained popularity in the late 20th and early 21st century, where extreme coverage by newspapers and television overshadows the person’s guilt according to the actual legal outcome. Free and independent media is a necessity in every governmental system. For a democratic nation like ours, the media needs to be free from bias or prejudice, as it also acts as a counterbalance to governmental power. Media acts as an essential pillar for the Indian Democracy, the problem arises when the media’s perception towards any person or entity becomes opinionated towards a notion.
MEDIA TRIALS – WHAT IS IT?
This term has been in use since the 1980s to delineate the influence that media coverage—whether print, TV, or now online—plays in the perception of a case in public[1] almost like a way for the public to exert opinions through the media. Normally, legal trials are administered by courts to settle specific cases. Similarly, when the media, before the judgement of the court, hypothetically, runs a similar trial in any form, be it newspaper or broadcasting channels, it results in a media trial. Media, therefore covers the case and portrays a very dogmatic or preconceived idea of how they perceive things.
INFLUENCE ON MEDIA COVERAGE OF TRIALS
Like everything else, media trials, like a coin have two faces, namely positive and negative. Media trials can help grab critical issues like crime, corruption, & injustice that might otherwise go unnoticed. They can inspire people to demand accountability and push for changes. However, on the flip side, sensationalism and biased reporting can twist the truth in the public’s mind before the courts even make a decision. This creates a situation where the media’s opinion can overshadow the actual legal outcomes, leading to public judgments that may come before or even clash with what the law decides.
EFFECT OF MEDIA TRIALS
Our constitution has been framed in such a way that it guarantees people their freedom along with reasonable restrictions. Article 19[2] defines that a citizen has the right to speak and express themselves freely, gather peacefully without any arms, form groups and associations, travel freely anywhere in India, live anywhere in the nation, and practice any profession, business or trade. However, The State cannot make any law which takes away or abridges the rights conferred by this sub-clause if such law is immediately necessary for defending: India; the security of India; friendly relations with foreign states; public order; decency or morality; or about contempt of court, defamation, or incitement to an offence. Therefore, the media’s rights are unrestricted and this makes them feel free to give opinions and results in a trial. The influence of media is significant because it is a regular part of many households. People’s thoughts are influenced by the media’s ideas, which then shape their reality. This can lead to conflicts between those with different views, sometimes resulting in riots. Media trials can trigger communal or regional violence and can even make existing violence worse. Many times, these trials can confuse the public and create serious dangers. This is evident in the Aarushi Talwar murder case, where her parents were wrongly shown as the killers of their daughter. The Allahabad High Court’s decision to acquit them was a relief. When a terrible crime occurs, the media must be careful and responsible. Instead of respecting the victims, they often attack their character and spread harmful opinions during media trials.
RELEVANT CASE
An important example that represents the phenomenon of a media trial is the case of Aarushi Talwar[3]. This case was widely reported in the media and received great sensational attention that influenced public opinion.
A series of tragic murders occurred in May 2008 in Noida, India, when Aarushi Talwar who was only 14 years of age girl, and her family’s domestic worker, Hemraj Banjade, were killed. Aarushi was found dead in her bed, and, hence, suspicion went towards Hemraj, but he was found on the terrace the next day. The investigation moved towards Aarushi’s parents, Rajesh and Nupur Talwar, who were also charged with murder, although all the evidence against them was essentially circumstantial. Extensive media attention was accorded to the case, and the events were sensationalized in an attempt to understand speculative motives engaged in character defamation and even scrutinize the personal lives of the Talwar family. Personal details about her life and alleged relationships were leaked out, and Aarushi’s privacy was violated. This led to an immense public bias even before the trial had ended. Heavy media attention and the rising public pressure worries about the fairness of the investigation and trial. Some think that the media’s involvement in the case put extra pressure on the investigators and the courts, leading to ethical questions about how far journalism should go Let’s take the example of the Menendez Case[4]. The case of the Menendez brothers in the early 1990s remains a significant reference point for media ethics in the realm of crime reporting. Lyle and Erik Menendez, convicted of murdering their parents in Beverly Hills, attracted an extraordinary level of media scrutiny that shaped public perception regarding both the case itself and the broader criminal justice system. In 2013, the Talwars were convicted and sentenced to life imprisonment. As mentioned before, they were acquitted in 2017. This leads to a question – what is a fair trial?
MEDIA TRIAL VERSUS FAIR TRIAL
The basic idea of a fair trial is that it ensures an accused person is treated equitably and impartially within the legal system. It guarantees that legal proceedings are conducted in a manner that respects the rights of all parties involved, including the accused, victims, and society. Unlike, the case of the late actor Sushant Singh Rajput[5], Rhea Chakraborty, the accused party was endlessly chased by the media and ultimately a prey of character assassination. She was continually accused of practising black magic on the deceased. What went haywire was that her chats were made public to the media. A responsible press is the handmaiden of an effective judicial administration. The press does not limit itself to publishing information on cases and trials, but submits the entire hierarchy to the administration of justice (police, prosecutors, lawyers, judges, courts), as well as judicial processes, to public scrutiny.[6]
In the above case, The Bombay High Court ruled that a media trial disrupts the justice system and may hinder both investigations and the delivery of justice.
CONCLUSION
Media trials create serious problems for the fairness of the legal system. The media is important for promoting transparency and accountability, but when it exaggerates stories or predicts court outcomes, it threatens the idea of a fair trial. Media should concentrate on reporting facts without bias and avoid speculation or opinions that might influence the case. Journalists and media houses should, therefore, be more concerned with ethical reporting than sensationalism, ensuring that the dignity and privacy of those involved are respected. A balance between freedom of the press and the right to a fair trial is necessary for a just and equitable society.
Author(s) Name: Vishwa Pratap Singh (Delhi Metropolitan Education)
Reference:
[1] Eytan Gilboa, ‘The CNN Effect: The Search for a Communication Theory of International Relations’ (2005) 22(1) Political Communication <https://doi.org/10.1080/10584600590908429> accessed 09 January 2025
[2] Constitution of India 1950, art 19
[3] Dr. Rajesh Talwar & Anr v Central Bureau of Investigation SLP (Crl) No 7966/2013
[4] Menendez v State of California [1992] 194 Cal. Rptr. 805 (California)
[5] Rhea Chakraborty v Union of India And Anr AIR 2020 Bom 1252
[6] Naresh Kumar & Rahul Varshney, ‘TRIAL BY MEDIA AND ITS EFFECT ON FAIR TRIAL’ (2022) 2(1) Indian Journal of Integrated Research in Law <https://ijirl.com/wp-content/uploads/2022/01/TRIAL-BY-MEDIA-AND-ITS-EFFECT-ON-FAIR-TRIAL.pdf> accessed 10 January 2025
