The Intersection Of Media Trials And Fair Trials Rights In India - A Legal Dilemma
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Category: General Law
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THE INTERSECTION OF MEDIA TRIALS AND FAIR
TRIALS RIGHTS IN INDIA: A LEGAL DILEMMA
Kona Harshini, Symbiosis Law School Pune
ABSTRACT
The media is an important aspect of today’s life as it shapes people's thoughts, beliefs, and opinions and is an important source of knowledge through which people can gain various information. Print and internet media have become more important as technology has improved, making freedom of the press even more important. People worldwide are more aware of social, political, and economic events. The way that the media spreads knowledge leads to positive thoughts and feelings. The rise of electronic media, heavy coverage by the media, and also different media channels along with various criminal cases, have changed the way news is reported. These changes have impacted many accused, witnesses, Judges, Advocates, and other administrators in the judicial system.
Everyone in this Country has the right to know and on the other hand, media plays their role for the people to speak the information. As things stand, the current legal system uses judicial remedies like changing the site of the trial, throwing it out, and so on to lessen the impact of news coverage before the trial. So, it could be said that all of these other options are secondary and might be too much work, which could lead to new problems. The researcher follows the doctrinal mode of research. The main objective of this paper is to find out the loopholes between the freedom of press and fair trial. Further, to examine the role of media trial in India. Lastly, the researcher will provide conclusion and suggestions. Keywords: Media, Trial, Fair, Criminal Justice System, Freedom of Press, Right to Information, Justice.
1 INTRODUCTION
According to the “Article 19(1)(a)” that “all citizens shall have the right to freedom of speech and expression”. 1 “Article 19(2)” states some reasonable restrictions. This Article makes it clear this fundamental right is not absolute. It can be limited by the law in ways that are reasonable and protect “India's sovereignty and integrity, the state's security, its friendly relations with other countries, public order, morality, or decency, or when it comes to contempt of court, libel, or inciting to commit an offense”. 2 Thus, “Article 19(1)(a)” also includes “freedom of press”3 in the country. Our founding fathers gave us freedom of the press to protect the way information gets out. Hence, the media make the people look closely at the whole justice system and the court system. 4 The public has a “right to information as a fundamental right”5 and be educated in a democracy.
The media must be very careful when reporting news and cases that are still being heard in court, or they could be put on trial by the media. It has been helpful to fix bad government by using the press's reporting role to bring to light crimes and other illegal activities and spread information that the public finds interesting. But the phrase "public interest" doesn't always mean the same thing as the media are becoming important day by day and this media trial has created a huge problem in the society. The progress in technology makes it possible for information to spread quickly. The word "trial" means an official hearing where the judge looks at the evidence and decides on the legal claim.
6 As a result of the fact that reporting on a particular crime event can affect how public drama is created and how society perceives the efficiency of the judicial system, the media needs to find a middle ground in terms of how they frame their coverage. The media frequently alters narratives concerning law, crime, justice, and the political and social landscape. The criminal justice procedure is notably more newsworthy and attracts significant media attention. The media safeguards the public interest and consistently seeks and disseminates the truth, which is beneficial for a free and stable democracy; but, it cannot substitute for the populace in their pursuit of justice. It is a basic
1 The Constitution of India, art. 19(1)(a)
2 The Constitution of India, art. 19(2)
3 Ibid.
4 Mahendra Pal Singh, V.N. Shukla’s Constitution of India, 894 (Eastern Book Company, New Delhi, 13th edn., 2017).
5 Ibid.
6 Ibid.
principle of “due process of law”7 that the accused person has the “right to a fair hearing”.8 Thus, for this principle to be valid, the courts must be independent and fair.
2. REVIEW OF LITERATURE
2.1 Books
J. N Pandey “Constitutional Law of India” (2024),9 book provides a detailed study on Indian Constitution. This book provides various cases on “Freedom of speech and expression, Right to life and Right to equality” and other fundamental rights in India. The Court has frequently emphasized the importance of “freedom of speech and expression” as a fundamental aspect of a democratic society. This freedom is not unlimited and can be limited by reasonable constraints, such as “maintaining public order, decency, morality, and the sovereignty and integrity of India”. However, it is important to conduct measurements based on necessity and proportionality to ensure that neither the value of the property nor the growth of the region is exaggerated. V. N. Shukla “Constitution of India” (2022),10 book provides an exhaustive study on the Indian Constitution.
This book contains several cases and its judicial interpretations on the fundamental rights that shall be protected. Ratanlal & Dhirajlal “The Code of Criminal Procedure” (2020),11 book provides exhaustive various crimes in India and how criminality has been changed in the country. Also how the procedure of fair trial and its proper implementation without violation of fundamental rights towards the accused.
2.2 Articles
Khushi Lunawat, paper titled, “Media Trials and its effect on Indian Democracy and Judiciary”.12 The author in this paper examines that in the absence of authority, the liberty to express oneself and communicate ideas is a fundamental principle of democratic societies, as
7 The Constitution of India, art. 21
8 Ibid.
9 J.N. Pandey, Constitutional Law of Indi,a 453 (Central Law Agency, Delhi, 61th edn., 2024).
10 Prof. (DR.) Mahendra Pal Singh, V.N. Shukla’s Constitution of India, 1241 (Eastern Book Company, Delhi, 14th edn., 2022) 11 Ratanlal & Dhirajlal, The Code of Criminal Procedure, 1345 (Eastern Book Company, Delhi, 23rd edn., 2020).
12 Khushi Lunawat, Media Trials and its effect on Indian Democracy and Judiciary, 9 JEITR 578 (2022)
enshrined in numerous constitutions globally. Article 19 (1) (a) affirms a state's recognition of the inherent right of every individual in the country to express their own opinions, and ideas without the apprehension of government interference or suppression. Shivani Kharai, paper titled, “Media Trial and Right to Freedom of Speech and Expression: an Analysis”. 13 The author examines that as democracy progresses, the importance of freedom of expression has become increasingly significant in fostering a robust public discussion and a dynamic democracy. The foundation of a non-restrictive and plural society lies in the ability to engage in meaningful debates, even when various perspectives exist, in order to achieve common objectives for the nation and its citizens. Nidhi, paper titled, “Media Trials: A Legal Dilemma”.
14 The author in this paper examines that in democratic countries, the resolution of this issue is achieved by the implementation of high standards. The ideals of justice and freedom are seen to be interrelated and equally important in this context. Free speech is crucial for promoting intellectual and political discussions and distributing accountability among citizens. In contrast, the latter ensures justice by constructing a robust framework of laws and maintaining the integrity of the legal system. However, there is a conflict between the “rights of an accused” and the need to ensure a “fair trial”, which might pose a problem by compromising the impartiality and fairness of the legal system.
2.3 Judicial pronouncements
In Sahara v. SEBI,15 the Supreme Court did not make any rules about the media. The reporting on topics that are still being argued. When free press reporting and judicial independence come together, they often cause legal problems, and it's not clear how these two ideals can live together in harmony. In the UK, where strict liability rules apply, the case of sub-judice is wellestablished. In the US, where freedom of press is an absolute right then there the impact of subjudice reporting on trial procedure has been still recognized. Thus, this creates a conflict between “1st and 6th Amendment of Bill of Rights”.16 13 Shivani Kharai, Media Trial and Right to Freedom of Speech and Expression: an Analysis, 1 LIJDLR 56 (2022)
14 Nidhi, Media Trials
A Legal Dilemma, 6 IJRSSH (2016)
15 AIR 2014 SC 3514
16 Ibid.
In “Mother Diary Foods & Processing Ltd v. Zee Telefilms”,17 the media has an obligation that the facts or the news they are showing should have its veracity. The issues has to be looked carefully and the information which is collected should be true and verified. Further the critical information should be given to the public. The ethics and journalists work together to keep a society running smoothly. While journalists promote functioning and discussions in a democracy, they are required by law to follow a strict code of ethics, virtues, fairness, and balanced reporting. In Ayodhya Dispute,18 the case was tried from a long time and over the media many irrevalent information related to the case is made to public which makes discrimination and feeling of hatred between two communities in the country. In Nilesh Navalakha v.
Union of India,19 the Court established the standards for the media to report legal proceedings. The Court issued a guidelines which includes- The privacy as well as dignity of a victim should be protected. The sensitive information should kept confidential and should not be made in public. The confession/admission in front of an investigator officer should not be published. When the matter is sub-judice and the individual who is connected with case then their interview is prohibited.
3. STATEMENT OF PROBLEM
The criminal justice system and the free press will always interlink with each other. These two rights often clash with each other that is, the “right to free speech and the right to a fair trial”. Some people in the media breached the laws and avoided the risks to make money. People want to control how the media covers trials as it will impact society and the criminal justice system, including “witnesses, judges, police, the accused, lawyers, and society as a whole”. The main objective is to put a limitation upon “freedom of speech and expression” but to keep the administration of the justice system flexible and rebuild public trust. Thus, another thing, when
17 (2015) 117 DLT 272
18 AIR 2019 SC 1420
19 AIR 2021 BOM 56
dealing with scandalizing courts is a more serious offense than interfering with a trial by the media, especially when the case is still being investigated, which can cause a lot of problems. The researcher finds the following issues- • There is no legal framework for the media on how they will report on cases that are still under investigation. • Media always draws a line between the accused person and the convicted person which made hard for a fair hearing for an administration of justice.
4. RESEARCH
OBJECTIVES
To examine the role of the media in trials in India. • To analyze how the “freedom of press” and the “right to fair trial” are at interconnected and conflicting with each other. • To examine what kinds of news stories are considered to be harmful to an accused or a suspected person. • To analyze the Comparative analysis with other countries. • To suggest changes to the way the media is regulated in India based on how they compare to other countries.
5.
RESEARCH
METHODOLOGY
The researcher followed the doctrinal research. The researcher reviewed both primary and secondary sources, including statutes, books, newspapers, articles, journals, judgments, and other sources. The researcher also used a different internet website, including SCC Online, Lawctopus, and Manupatra, to support the cases.
6. MEDIA TRIAL IN INDIA
The concept of media trial was not new. It was earlier established which has become nowadays, dangerous to the people in the society, especially in the criminal justice system. In other words, it refers to how a lot of media attention affects a person's public image or how media attention affects a trial, usually a criminal trial. Due to the advancement of new technology and the strong competition with the different news reporters and channels, people are labeled as suspects before an investigation is even done. This messes up the administration of justice and hurts people's chances of a fair trial. 20 The media plays a big part in letting the public know about court proceedings. We need judges to be able to do their jobs without interference from the media, but there have been times when media interference has been justified.
Therefore, the legal system establishes the “Rule of Law”, which states that it is the law which rules the society and no one other than the law will rule the society. The court system implies that the “freedom of press” has the right to fairly criticize the court system, look closely at how judges are resolving such issues and maintain a balance between these two rights, and thus, report the issues and its merits of the case. Hence, as the total freedom corrupts, the only thing that can stop people from abusing their freedom is itself. 21
7. JUDICIAL PRONOUNCEMENTS
Jessica Lal Case The fact that every single witness testified against Jessica, she was deprived of justice for seven years while she was being held accountable for her actions. The accused was found not guilty and a significant contribution was made by Tehalka and the Justice for Jessica campaign in the process of locating the truth and, ultimately, ensuring that Jessica was given justice. However, the media played a significant role in this particular circumstance. The Court observed the good impact that the media had in bringing to light a possible error in the “administration of justice”. As a result, the news should place a higher priority on giving information that is of value rather than diving into things that are of less importance.
22 Sanjeev Nanda Case Nanda, the son of a business owner, was accused of being responsible for the deaths of more 20 Prakriti Goswani, The Role of Social Media in the Legal Profession with Ethical Considerations, 9 IJNRD 801 (2023)
21 Ibid.
22 Manu Sharma v. NCT of Delhi, AIR 2010 SC 2352
than six people while he was operating his BMW while under the influence of alcohol. During the time that the investigation was still proceeding, the media showed up. In the course of an undercover operation that was carried out by the NDTV news station, it was discovered that the accused advocate had committed the offence of bribery with the witnesses with the cooperation of the state prosecutor. On the other hand, the High Court has examined their concern that the Justice System has the potential to be viewed as a source of ridicule. As was the case before, the media made certain that justice was carried out. 23 When it came to Arushi Talwar, the media made a big deal out of it. When there are big stories, the media is often making a lot of people angry, or public uproar, even if it means taking away their basic human rights.
The trial of the person charged in the Sheena Bora murder has been controversial because the public was interested in every part of her life, even things that had nothing to do with the case or the public in general. 24 It was the “ISRO Espionage Case” that caused two Maldivian citizens to be accused of espionage, which in turn caused their reputations to suffer. It was necessary for the scientists working for the Space Research Organization to respond to questions on their qualifications. The conclusion that can be drawn from this situation is that severe news coverage has the potential to influence the negative public attitude in the society25 In RK Anand v. Registrar,26 the crucial consideration is whether the conduct of the trial contradicts the welfare of the general public or if it truly pertains to matters that are of significant importance to the public.
The court possesses ultimate authority in determining the contentious nature of the publication and whether it constitutes criminal contempt of court. It also has the power to assess whether the publication can invoke “Section 13 of the Contempt of Courts Act”27as a legal defense. This case raised a significant concern over the media's entitlement to report on an ongoing investigation. The NDTV sting operation raised significant doubts over its reliability. The sting operation relies on deception, leading to skepticism over the veracity of the sting evidence. The sole valid justification for engaging in this type of discourse is the concern and curiosity of the general public.
23 Sanjay Nanda v. State, Cri Appeal No. 807/2008
24 Nupur Talwar v. State of UP, (2012) 11 SCC 465
25 S. Nambi Narayan v. Siby Mathew, AIR 2018 SC 5112
26 AIR 2013 SC 670
27 The Contempt of Court Act, 1971 (Act of 1971), S. 13.
Moreover, people see the media as a doorway, not a meddlesome other, so their actions must be under Article 19(1)(a). If this has been breached by the media, there will be legal consequences. Thus, this right has been backed by certain reasonable restrictions. Under such circumstances, only this right will be protected. Pradyuman Thakur Case In this case, the media had declared a bus conductor as an accused for murdering a student and was held criminal without trial in the court. Due to this no lawyer was there to represent him and media has defamed him in the public in such a manner that it has affected his career badly. 28 Therefore, only on the basis of mere speculations in the media an individual has to suffer and hence, media should act in a responsible way so that things can be better in the society.
Sushant Singh Rajput Case The Accused Rhea Chakraborty, was subjected to character assassination in the media. She was accused of doing black magic and constantly her images and chats were showing in the media. The Bombay High Court held that media trial intervenes with justice system and this resulted into obstruction in the investigation and judicial procedure. 29 Air India Urination Case In this case, the allegations were made that a man has urinated on Air India flight. The Court observed that the individual were called by many names and he was denigrated. Everyone has the right to live in the society with dignity. The media has forgotten a person privacy and right to life for TRP of their channels.
30 Therefore, in the course of reporting news, publishing comments that are disputed, facts that aren't strong opinions that aren't supported by proof poses a risk to the integrity of the legal process. The judicial system and its administration are inadequate in the case of trial by media. The Country needs to have stringent implementation of rules and regulations and maintain a balance between the media and the court system. This is because it is commonly believed that
28 Barun Chandra Thakur v. CBI, AIR 2017 SC 5735
29 Rhea Chakraborty v. State of Bihar, AIR 2020 SC 685
30 AIR 2023 Del 261
juries are unable to avoid media trials that receive a great deal of attention. In addition, it was brought to everyone's attention that judges are also humans and that they must dispense justice. As a consequence of this, judges are not likely to be influenced while they are performing their duties; nonetheless, reckless printing may impede the judges' ability to act rationally when making decisions.
8. AN
ANALYSIS
ON THE FREEDOM OF SPEECH AND EXPRESSION
8.1 Indian Constitution
In a democracy, there is a need to find a balance between “free speech and a fair hearing”. There is a strong link between trial by media and “Article 19(1)(a)”. The main problem is finding a balance between “Article 19(1)(a) and Article 19(2)”.31 The goal of the contempt laws is to strike a balance between “free speech and the fair justice”. Basically, they limit publications that tend to get in the way of justice. Thus, giving people freedom of the press and opinion helps everyone learn and stops a few people from abusing their power.
8.2 Judicial Pronouncements
In “Chintamani Rao v. State of M.P.”,32 the court said that restrictions should not be unfair or absolute, but it should be “reasonable” in nature. In “Mahesh Bhatt v. Union of India”,33 the Court observes that the “freedom of speech and expression” is one of the important aspect of the Indian Constitution and helps keep the country's democracy safe. In “National Legal Services Authority v. Union of India”,34 “freedom of expression includes a person's gender identity and that the government cannot stop transgender people from expressing their identity”. The first time the Supreme Court said this was in “Romesh Thappar v. State of Madras”,35 the “free speech and press” are the essential to democracy and that without them, there would
31 Supra note 1 at 1
32 AIR 1951 SC 118
33 AIR 2008 SC 561
34 (2014) 5 SCC 438
35 AIR 1950 SC 124
be no political debate, government, awareness or education. Hence, the freedom comes the risk of abusing it.
9. THE LINK BETWEEN A FAIR HEARING AND THE RIGHT TO FREE SPEECH
With so much news being spread so quickly these days, it's hard to balance the need for a fair trial with the fact that bias is more likely to happen, which makes it harder to do justice. The “right to a fair trial and the freedom of the press”36 are two important values for a free society and to maintain the true spirit of “democracy” alive in the country. However, free speech and free trial will always be at odds with each other. 37 Thus, Freedom of the press comes from the right to speak out. Anyone who can speak freely also has the right to say what they think, and taking away this right would destroy the very basis of free speech. 38 The phrase "presumption of innocence" comes from a Latin maxim that means "to carry the burden. "39 The proof is upon the person who makes the statement or claims towards other person.
When it comes to criminal law, one of the most fundamental rules is the presumption of innocence to be followed. The freedom of the judiciary and the presence of a fair court system are the two most important factors that safeguard this rule. To put it simply, “the accused is to be innocent until proven guilty beyond a reasonable doubt”40. This concept is based on the idea that the freedom and dignity of everyone, whether they are innocent or suspected of guilt, must be protected “until proven” otherwise by “due process of law”. 41 In the case of “R v Oaks”,42 the maxim "presumption of innocence" means every individual possesses the entitlement to fundamental liberties and humane treatment. The presumption of innocence is a crucial principle that is explicitly enshrined in numerous international principles and treaties, as previously mentioned.
It is a fundamental right that is inviolable and cannot be superseded by any other right. The “Presumption of Innocence” forms the basis for fundamental rights such as the “Right to self-incrimination, the Right to life and personal liberty, and the Right to a fair hearing conducted in a just, fair, and reasonable manner”. 43
36 MP Jain, Indian Constitutional Law, 1389 (Eastern Book Company, New Delhi, 8th edn., 2022)
37 Supra note 2 at 9
38 Dr. J.N. Pandey, Constitutional Law of India, 321 (Central Law Agency, Allahabad, 59th edn., 2022). 39 O.P Shrivastava, Principles of Criminal Law, 897 (Eastern Book Company, New Delhi, 7th edn., 2018).
40 Ibid.
41 K.I. Vibhute, PSA Pillai’s Criminal Law, 456 (Lexis Nexis, New Delhi, 14th edn., 2019).
42 (1986) 1 SCR 103
43 Ibid.
Ensuring that the accused is innocent “beyond a reasonable doubt”44 is not solely the responsibility of the court system, but also falls upon the media when disseminating news to the public. It is the court, not people outside of the court that assumes the accused is innocent. Moreover, the “right to know and the assumption of innocence”45 will always have to be balanced. The court needs to find a good way to handle reporting on cases that are still being considered, as there is a conflict between the “right to a fair trial and the right to cover that trial”46. When two rights are at odds with each other, it's hard to settle the dispute. There isn't a single right answer to this question because technology is always changing, information flows quickly, people are better educated, and there are a lot of active people in the country.
9.1 The Concept of Fair Trial
The idea of a fair hearing comes from the belief that society is safe because of the “rule of law”. It's hard to explain what a "fair trial" is, but the parts of a fair trial are clearly described. Criminal law is based on the idea of a fair hearing, which is based on adversary systems. The principle of fair hearing is shown in different rules and procedures. Article 2147 recognizes this principle and says that fairness must be found in order to carry out justice. Therefore, since fair hearing is a multifaceted right, its parts depend on a number of steps of a trial, the people involved, the crime's internal and external causes, the justice system, and the investigation process. As the administration of justice is an ongoing process, there is no clear way to define the idea of a fair hearing.
It should be seen as an ongoing process that changes based on events and situations, analyzing them with different fair trial attributes. 48 A criminal trial looks at many issues and facts of the case in order to find the truth. However, the process of the trial is judged by the courts to decide if the accused person is guilty or innocent. This means that the whole thing is strictly judged by the courts, since any deviation from the rules of law and legal procedure can lead to a “miscarriage of justice”. 49 So, the Court put a lot of emphasis on
44 Ibid.
45 Leena Chandran, Trial by Media
Its implication on Fair Trial and Administration of Justice, 3 IJLSI 56 (2021) Shazia Shaikh, Law and Media Trial in India, Sage Journals, (2022) available at: https://journals.sagepub.com/doi/10.1177/22774017221096889?icid=int.sj-abstract.similar-articles. (last visited on September 09th, 2024)
47 The Constitution of India, art. 21
48 Aasia Hussain, Media Trials
Investigative Journalism vs. Right to Fair Trial, 2 IJIRL 5-6 (2021)
49 Ibid.
making sure everyone had a fair hearing by defining it and listing the different things that make it fair.
9.2 Open Justice
To put it simply, "open justice" means that court proceedings are open to the public. Giving the public access to the proceedings of the judicial system is an essential component of democracy. As a result, faith in the judicial system is increased. As a consequence of this, it is being utilized as a point of departure in order to establish a relationship between the judicial institution and the media. It is the idea of justice that safeguards openness, publicity, the discovery of the truth, and the right of individuals to view reports that are both fair and truthful of procedures that take place in public courts. 50 Thus, open justice requires judicial proceedings to be conducted in a transparent manner in order to safeguard the powers of the Court and allows the public for its scrutiny. Jeremy Bentham was the first person to say that news should be used to get justice. In Scott v.
Scott,51 the public's interest in justice makes sure that it is closely watched. Reporting on court cases must be done in a clear way so that justice is done and can be seen to be done. Openness must also be protected. 52
9.3 Exception for Open Justice
There are some exceptions to the basic rule of open justice, and they can only be made for the sake of running the justice system. The courtroom isn't just a place where reporters can get news quickly. “Freedom of speech, open justice, and the right to access”53 are always the most important things in a society. However, when there is bad news about the assumption of innocence or something that isn't fair, it shows that open justice has limits on its discretion. Thus, “Hearing pre-trial proceedings in private and in-camera proceedings” are two exceptions to the general power of the court.54 50 Aditee Dash, Media Trials: Misuse of Freedom of Speech and Deterrent in the Path of Justice, Manupatra, (2021) available at: https://articles.manupatra.com/article-details/Media-Trials-Misuse-of-Freedom-of-Speechand-Deterrent-in-the-path-of-Justice (last visited on September 06, 2024)
51 (1913) AC 417
52 Ibid.
53 Nimisha Jha, Constitutionality of media Trials in India
A Detailed Analysis, Lawoctopus (2015) available at: https://www.lawctopus.com/academike/media-trials-india/ (last visited on September 06th, 2024)
54 Ibid.
Moreover, the Privacy is another important reason for suppression, since people are very interested in knowing who is charged, who commits crimes, who the victims are, who the witnesses are, and how to protect national security.
9.4 Contempt of Courts Act, 1971
Even though it's not directly stated, Article 19(2) of the Constitution, along with Articles 12955 and 215,56 protects the right to justice. Postponement orders have been acknowledged by Indian courts, and it is evident that they are covered by Article 19(2). There is pre-judicial or pre-trial publicity that is preventing the fair process of justice from taking place. Due to the fact that the rationale for the delay order is that the publications must not represent a real, present, and significant risk of unfairly impacting the trial or the administration of justice, the reasonableness test is required to be utilized.57
9.5 Judiciary approach towards freedom of speech and fair trial in India
In “R. K. Anand Case”,58 it was decided that the rules for contempt proceedings are separate from the rules for criminal procedure and evidence act. These rules only apply to contempt proceedings. The main goal of contempt laws is to make sure that trials are fair, that there is no bias, and that people have a chance to explain themselves. In the case of EM Shankaran Namboodiripad v. T. Narayana Nambiar,59 the petitioner who was the CM of Kerala made some controversial claims about the courts. One of the issues that came up in the case was how to interpret the contempt clause so that it didn't go against Article 19(1)(a). But the court said that while people have the right to free speech, they cannot be in contempt of court. So, the Supreme Court followed the rule that Articles 19(1)(a) and 19(2) should be the same.
The “Articles 129 and 215” states that the “Supreme Court and High Court” have the power to punish anyone who gets in the way of the operation of justice. In the past, different people
55 The Constitution of India, art. 129
56 The Constitution of India, art. 215
57 Neelam Kumari, Media Trial
An Overview in the Context of Indian Media, Society and Judiciary, 3 IJRPR 64-
69 (2022)
58 Ibid.
59 AIR 1970 SC 678
had different ideas about how the Supreme Court and High Court should handle contempt cases brought by Articles 129 and 215. 60 In “Tis Hazari Court v State of Gujarat”,61 the Supreme Court has the power under Article
129 to protect lower courts as well, and that this does not go against Article 19(1)(a). Hence,
the integrity of the judiciary as a whole is at risk, the Supreme Court may even take action against a lower court for contempt. This point of view does not go against any part of the Constitution.
10.
COMPARATIVE
ANALYSIS
The UK's contempt laws have a strong reason for being there: to make sure that justice is done, that the court's honor is kept, and that the public has faith in the system. Common law contempt and strict responsibility contempt are the two types of contempt that can be broken. In the UK, it is considered contempt to get in the way of the administration of justice or to prevent a fair hearing without a good reason. Under section 1 of the strict liability rule, the Contempt of Court Act of 1981 applies which means any action or behavior that impedes or seems likely to impede the proper course of justice, especially publications that pose a high risk of harm to ongoing procedures, no matter what the intention it is.
62 The contempt rules are subject to two limitations: the rule is only applicable to publications that pose a significant danger of harm or prejudice, and the rule is only applicable to procedures that are now underway. One of the provisions of Section 2(1) defines a "publication" as any form of message that is directed toward the general public or a specific segment of the general public. Section 2 sets the rules for the sub-judice rule. Article 6 of the ECHR says that “everyone has the right to a fair trial and a public hearing”. 63 This is what makes contempt by printing possible. In Attorney General v. English,64 it was said that trials by the media are not allowed in this country. When we say "substantial risk," we don't mean "insignificant" or "minimal
60 H.M. Seervai, Constitutional Law in India, 789 (Aggrawal Law House, Allahabad, 4th edn., 2022).
61 AIR 1991 SC 2176
62 Supra note 3 at 30
63 European Convention on Human Rights, art. 6
64 (2003) UKPSC 22
risk." We mean risk that isn't just "remote." In Attorney General v. Newsgroup Newspaper Ltd,65 a two-tier test was used to find out if a newspaper was in contempt. i. There needs to be a huge risk. ii. The level of risk will have a big impact on the opportunity. In order to use section 2, a direct proportionality must be proven.66 Under common law, there are no strict responsibility rules for contempt. If someone tries to get in the way of the law, they could be charged with contempt. However, “Section 3 of the Contempt of Court Act, 1981” protects innocent people from being charged with contempt if they publish or distribute something without meaning to. The action must be ongoing and pose a significant risk. Section 4(1) of the Act protects people from unfair and incorrect news of court cases.67
11 CONCLUSION
AND SUGGESTIONS There is no doubt that media is a powerful tool that helps people share information, ideas, and thoughts. Media outlets that are free and independent are more likely to be strong and look for the truth. This makes media more likely to be involved in the political process. But having free press comes with a responsibility to understand that everything you do has a big effect on other things. In every community, the criminal justice system and the independent press will invariably intersect. This frequently results in a clash between the “right to free speech and expression and the right to a fair trial”. The media has increasingly disregarded the legal risks, exploiting them for personal gain.
Individuals seek to regulate the impact of media trial coverage due to its influence on the entire criminal justice system, encompassing “witnesses, judges, law enforcement, the accused, attorneys, and society at large”68. The “Contempt of Courts Act”
65 (1987) QB 1
66 Supra note 4 at 8
67 Ibid.
68 Ruchir Misra, Media Trial
A Conviction Before the Trial? LiveLaw, (2024) available at: https://www. google. com/amp/s/www. livelaw. in/amp/lawschool/articles/media-trial-a-conviction-before-thetrial-252276 (last visited on September, 07th , 2024) must be effectively enforced to ensure the coexistence of a “fair hearing and a free press”. 69 Based on the analysis of the research paper, some conclusions about some popular news stories that tend to get in the way of a “fair hearing and the administration of justice” are seen. 70 First, news stories about confessions made by accused people are not valid proof in a court of law. So, when the media retracts a statement made by an accused person and reports those facts, it may affect the investigation process, which could slow down the trial and interfere with the proper administration of justice.
As per Article 20,71 a statement made to the police cannot be used against the person who is being accused because no one can be forced to lie against themselves. Secondly, news stories about an accused person's past criminal record, conviction, character, or reputation can give readers a lot of information about that person. Third, the media covers details of trial participants, such as victims, accused persons' families, and witnesses, especially when there is a threat that a witness will become hostile because of the pressure surrounding a criminal trial before the trial even starts. Lastly, media coverage that tends to make people feel bad about the accused or suspect or that spreads a positive message about guilt or innocence, even if the court rules someone innocent “beyond a reasonable doubt”, is not upholding the concept of innocence beyond a reasonable doubt.
According to the above analysis, the researcher thinks firstly, the media should implement stringent laws and refer to earlier precedents and legal principles to get rid of all the bans and limits that are in place. Secondly, the media can learn more about how to report on court cases and how to do it correctly, especially when the case is still being investigated or is under investigation. The media must follow the law and think about the effects of the law to improve the difficulties of investigative journalism, make informative journalism better, and safely share news with the public. Instead of using these time-consuming procedures, it would be better to implement strict punishments to prevent and punish publications that go beyond “Article 19(1)(a)” and threaten the administration of justice and interfere with human rights.
69 Ibid.
70 Ibid.
71 The Constitution of India, 1950, art.
20 BIBLIOGRAPHY
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