Media plays a pivotal role in a democracy and acts as the main source of all information from news to entertainment. Not merely a source, media now collectively influences viewpoints of an entire nation, manipulating them as per their liking. While stern restrictions are unhealthy for a democracy to function, the implications of continued unaccountability are even more damaging. In an attempt to ‘find the truth’ or ‘uncover facts’ media often tends to cross the line and seeks to usurp functions of the judiciary.
TRIAL BY MEDIA
Television and newspapers often create a widespread perception of guilt or innocence before, or after, a verdict in a court of law while covering a person. Society starts considering an innocent person guilty of the crime they didn’t commit and consequently humiliates and smears the guiltless.
Media has become the public court or janta adalat, which in actuality is just misinformed and manipulated audience coming to conclusions merely based on unverified facts and absolutely no evidence.
CONTEMPT OF COURT V/S FREEDOM OF SPEECH: THE DEBATE
Article 19(1) (a) gives freedom of speech and expression which includes within its ambit, freedom of press. This has given rise to the fourth pillar of democracy, thus media acts as a watchdog of the functions of society and attempts to attend to the wrongs in our system. Media is of the view that in any society it plays a revolutionary role and results in great gains for the public.
Looking at the other side of the coin is the court’s view that under no circumstances absolute liberty be given to any right to freedom, and just like other liberties it must be exercised with certain necessary limitations.
Trial by Media is Contempt of Court and needs to be punished. The Contempt of Court Act defines contempt by identifying it as civil and criminal
Criminal contempt has further been divided into three types:
- Scandalizing
- Prejudicing trial, and
- Hindering the administration of justice.
The provision owes its origin to the principle ‘every accused has a right to a fair trial’ clubbed with the principle that ‘Justice may not only be done it must also seem to be done’. In order to ensure a prejudice free trial the court is thus of the view that no author or writer must assume the position of a judge and can release publications that may poison minds of the readers.
