Fair and Free Trial vs Media Trial

Abstract

Freedom of media is the freedom of people to be informed of public matters pertaining to their rights and duties. Free and healthy press is a main requisite to functioning of the democracy. It is called the fourth pillar of a democracy. The right to freedom of speech and expression is contained in Article 19 of the constitution but the same article also restricts this right from being absolute – as media today has power to shape and influence the public opinion and can create a clear bias in civil cases. They have rules to follow when the case is sub-judice, this has been done because of the irreparable damage done by the same due to its outreach. If on one side the media has crossed the line and declared a number of people guilty it has on the other side brought many a guilty to the hook. A trial by media can in some cases tramples upon fundamental rights of an accused and interfere with free and fair decision-making. This paper is a study of the power of the media and the enormous effect the coverage has on the impressions and opinions of the people and its positive and negative impacts.

Keywords: Media, Judiciary, Ethics, Media trial, sub-judice, contempt, Public opinion