Freedom of Expression and the Right to a Fair Trial: The Challenge of Media Trials in India

Abstract

The 21st century has brought about a fundamental change in the way we communicate, moving away from conventional print media like newspapers and television and toward more contemporary media like social media. Years ago, Lord Macaulay, a British member of parliament, referred to the media as ‘the fourth pillar of democracy’. Since then, it has been often cited, and a free Press is seen as essential to a democracy. However, the Media has changed since then. Media organizations have compromised their journalistic ethics and ideals due to a number of causes, which has a significant negative impact on the country. In today's culture, Media involvement in cases that are under trial has become common place. Judges are somehow forced to make decisions based on the media's subsequent criticism. This, particularly in many high-profile instances, results in the media's conclusion becoming the ultimate decision in trial courts. The media independently initiates investigations and shapes public opinion in its reincarnation as a public Court. It goes without saying that a free and healthy media functionary is necessary to ensure that the democracy runs properly. However, the sub-clause (2) of Article 19 of the Constitution of India usually ensnares the freedom of speech in debate. The freedom to be in contempt of Court is not embraced by it. However, given the present circumstances, the Media plays a major role when justice is completely disregarded or postponed. Even while the Media contributes to social and political development, it is also occasionally observed that the media is involved in the profit-making industry. This research work aims to analyse the effects of the media trial and how it continues to meddle excessively with the administration of justice under the guise of freedom of speech and expression. The impact of media trials on the rights to privacy, reputation, legal representation, and a fair trial is also examined in the dissertation.