CRITICAL ANALYSIS OF MEDIA TRIAL
- INTRODUCTION-
Where media was once symbolized as one of the major weapons to regain freedom for our country, it is now turned into a method of regulating social ideas and concepts. We rightly say when we call Media as the fourth pillar of our country because it plays very significant role in framing ideas and linking the state with the people and more, the government can use the media to soften their terms and explain to as many people as possible regarding acts and rules it has passed, media also helps the people to directly convey to the concerned authority or sovereign in case of any injustice meted out to them. This ever-evolving source began in the late 1700s, and it had gone through the Gutenberg, then radio, moving pictures, and now the internet. But, how this source has been polluted is something which is a serious worry for the welfare of the society. This contamination is not only about the political parties bargaining and regulating the news also, they are acting as bargaining and influencing parties in legal issues. The Media trial has got some +ive impacts with reference to making people aware and also in relating the transparency in legal operations. Although the coverage of the cases is important so that the people may know about the transparency and accountability, it is equally responsible for the impact on the process of justice delivery system where the terms and the data are watered down. It should not prejudice the accused and the trial and as stated in the Indian constitution under the article 21 of the Indian constitution everyone has a right to life and personal liberty and this includes a right to fair trial. Media trail is a term that is quite explanatory; this is a condition whereby a controversy or a dilemma is followed by coverage through media before the legal process is followed.Opinion and outcome of the same. The following text delves into the implications of media trials in affecting the proceeding of cases, the right to a fair trial, and the shaping of pseudo-public opinion.
- BODY
Media has therefore been regarded as the fourth arm of government after the executive, judiciary and legislative exercise their power under the provision of Article 19 subsection (1)(a) which enshrines the freedom of the press. The Indian media is actually a self-regulating organization that has some statutory bodies such as the Press Council of India and the News Broadcasting Standard Authority.
To a certain extent, media is responsible for what we inherit and gain as information seekers and by our nature, our thinking is preconditioned by how news is brought to us, thus creating a prejudice in our mind. The influence exerted to media on the society is critical in terms of social and cultural viewpoint, and this helps the society to run to an extent and for the society to gain grounds by connecting to every part through extensive networking. Because of this reason, reporting or even publication of specific cases have a large part in shaping individual perceptions which in turns the business has the privilege of judging or pardoning before actual judgment is made. It often erodes even the courts' power, through which media groups can also be charged with contempt of court under articles 129 and 215 of the Indian constitution.
Such media trials in most cases deny a Presumption of innocence hence negates the tenets of fair trial and due process. Furthermore, any story can become sensationalized which consequently leads to the stigmatization and defamation of people even if they are guilty. The Media, in the course of covering the cases and turning it into their gimmick to grab the public's attention, paints the accused as the antagonist and turns the degree of the matter into a social explosiveness which do not leave any room or chance for the reformation of the person and erases everything that is noble and commendable about the individual. This leads to an external pressure on the courts and police to punish the accused irrespective of the truth and admissibility of evidence or facts gathered, this sometimes make the innocent person, a culprit.. The narrative of high-profile cases can become skewed due to continuous coverage and sensationalism, which can cause hasty decisions and undermine the presumption of innocence. Furthermore, biased reporting and deepening societal divisions can result from media outlets' selective framing of stories.
I would like to bring more emphasis on the above narration of the event and the case of Bollywood Actor Sushant Singh Rajput. A successful and reclaimed actor passed away in mid 2020, this brought confusion in the movies industry because of constant follow up and speculation on his death. The conspiracy theories, character bashing and media trials created by some section of media goes a long way in demeaning his friends, colleagues co-stars etc. , who are involved in the case.
It is not just the cases which are subjected to negative impacts due to media trials. However it has also brought positive consequences in some cases with their involvement, clawing, addressing the uncovered and riding along with the people's nerves. Media activism can therefore be said to make up a component of media trials which in turn has the media play an active role in not only discussing the news but also deliberating on it which has a positive bearing on the case.
There have been cases of media acting and turning into strength of people to be recognized for justice. Which one of the Nirbhaya gang rape case is one of the good examples in manufactured events where extensive media coverage exerted pressure on the law enforcement agencies and the government to act speedy and arresting action against all the accused persons involved in the case. The daily continuation of exposure to the case news and its barbarism made people angry, citing those grey areas; the media took it up to a larger extent, which thrust the advocacy and legal reform in a faster pace.
In this balance over the years, the traditional media have bent the negative side of this structure, which is NOT suitable for the fourth pillar as a social element that decides and regulates news. This is to involve reason and restraint; to assess the component parts of the fact more or less rationally, and to exclude the speculation and bad thesis, which must degrade the morality and status of one who is engaged in such a case.
- CONCLUSION-
The complicated relations between media, public opinion, and judicial trial uncover the natural face of society. Media trials add a layer of bias in public discourse, sensationalism, and distortions, providing detailed information and transparency. The very conception of the presumption of innocence, the defense of human rights, and the impartiality of legal procedure have been affected by this process to a substantial extent.
The interference of media shines on the judicial system, and the portrayal and shaping of how we perceive legal cases or individuals related to those cases are some of the most important things that make it extremely essential for us to strike a balance between the right information to people vis-a-vis with principles of justice and accused rights. Furthermore, media trials can dilute the public image of the legal system by making court cases into a reality television show for everyone to watch. But, in a few matters, the court allows for the proceedings to be made public, such as on issues related to a constitutional body or larger domain.
The dash of compliance writing required by the pressure of production and ratings would potentially result in entertainment value taking precedence over honesty, compromise with historical truthfulness, or impartial portrayal. This process not only jeopardizes and ignores the rights of an accused, but it also defeats justice and distracts from legal matters. Ethical concerns triggered by media trials include privacy invasion, protecting the vulnerable party, and conducting it in a court of public opinion.
The Media Should Own Its Moral Ground and Responsibility, Particularly in Times of An Over-drafting Diversified Population. He tied his right hand inside the limits, which might facilitate it far from those given fascist and unmerited trials. Indeed, those rules need to be enshrined for equality in an increasingly digitized justice application.
- REFERENCE-
- https://indiankanoon.org/search/?formInput=media%20trial
- https://articles.manupatra.com/article-details/Media-Trials-Misuse-of-Freedom-of-Speech-and-Deterrent-in-the-path-of-Justice
- https://www.rmlnlu.ac.in/webj/devesh_article.pdf
- https://www.drishtiias.com/daily-updates/daily-news-analysis/trial-by-media
- https://www.iiprd.com/media-trial-an-injustice-to-fair-trial/
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