Media Trial DOCX

Title	Media Trial
Author	Krishna Vijayan
Pages	7
File Size	22.1 KB
File Type	DOCX
Total Downloads	210
Total Views	258

Summary

MEDIA TRIAL A THREAT TO ADMINISTRATION OF JUSTICE “Trial by media” is a phrase that has been used popularly in the last few decades to describe the impact of television and print media coverage on a case by an attempt made by the media of holding the accused guilty even prior to his trial and regard...

Description

MEDIA TRIAL A THREAT TO ADMINISTRATION OF JUSTICE "Trial by media" is a phrase that has been used popularly in the last few decades to describe the impact of television and print media coverage on a case by an attempt made by the media of holding the accused guilty even prior to his trial and regardless of any Verdict in the court of law. Media is regarded as one of the pillars of democracy. Freedom of media is the freedom of people to be informed of public matters. Free and healthy press is indispensable to functioning of the democracy. Democracy means making of the government by the people and to have active participation in the community decision. It is, therefore, needed that the people be informed about current and burning affairs of society. Duty of the press and media is to make the people enlightened over issues relating to public importance. Freedom of Press is not specifically mentioned in Part III of the Constitution. However Hon: Supreme Court in a number of judgments has recognized that freedom of speech and expression also included freedom of Press. The right to freedom of expression is contained in Art.19 of the Indian Constitution. Art. 19(1)(a) of the Constitution of India guarantees, freedom of speech and expression and Art. 19(2) permit reasonable restrictions to be imposed. However Article 19(2) does not refer to 'administration of justice' but interference of administration of justice is clearly referred to in the definition of 'criminal contempt' in Sec. 2 of the Contempt of Courts Act,1971 and in Sec. 3 thereof as amounting to contempt. Therefore, publications/coverage which interfere or tend to interfere with the administration of justice amount to criminal contempt under the Contempt of Court Act and if in order to preclude such interference, the provisions of that Act impose reasonable restrictions on freedom of speech, such restrictions would be valid. Under Article 19(1)(a) of the Constitution, the rights of the freedom of Press have been recognized as Fundamental Rights and under Article 21 of the Constitution the accused/suspect and under trial and the Civil litigant have Fundamental Right to have a free and fair trial3. Therefore balancing between the two fundamental rights has become inevitable and the time has come that Court should give appropriate directions with regard to reporting of matters (in electronic and print Media) which are sub judice. When rights of equal weight clash, Courts have to evolve balancing measures based on re-...