Skip to main content

Trial by media

 Media trial

By Shreya Verma

Media is considered to be the fourth pillar of the government. It has time and again enlightened people and made them aware of what is going around in the world. It acts as a watchdog over the Government functioning and acts as a link between the people and the Government. However, every coin has two phases. And there have been instances where media has abused its powers and had led to gross injustice. For example, in November, 2008 Mumbai Attacks, live media reporting of the attacks facilitated the terrorists to track actions of the armed forces. Similarly, media is also said to influence delivery of justice through media trials.

The phrase “Media trial” derived its meaning from the case of Roscoe Arbuckle “Fatty” in 1921, who was discharged by the court of law, but had lost all his reputation & prestige along with his job after the media had declared him “guilty”. It refers to the impact of television and newspaper coverage on a person's reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law. In India too there have been several cases where, the media intervened in judicial trials and have tampered in delivery of justice. For example, in Sheena Bohra murder case (2012), the excruciating eyes of the media have influenced the personal life of the main accused Indrani Mukherjee that arose a debate on the matter of media trial of the accused. In the awake of such cases the ethics of journalism were usually questioned. There have been instances of gross injustice as a result of unnecessary intervention of media. In another important case, The Jessica Lal murder case (2010), the media rejoiced over their efforts in bringing justice to Jessica Lal and the trial court.

Law Commission in its 200th Report (2006) under the Chairmanship of Justice M. Jagannath a Rao, gave certain recommendations, which are as follows:

  • To prohibit the publication of anything that is prejudicial to the reputation if accused- a restriction which shall from the mine of the arrest.

  • The starting point of a criminal case should not be from the filing of the charge sheet but from the time of arrest of an accused. The perception behind such an amendment is that it would prevent prejudicing or prejudging the case.

  • To address the damaging effect on the administration of justice of the sensationalized news reports.

  • The High Court is empowered to direct the postponement of the telecast or the publication in criminal cases and to prevent the media from restoring to such a telecast or publication.

Being a citizen of the country, we have the right to be informed about the various issues and events that have been taking place in the other parts of the country and that responsibility rests with the media and is well justified by the constitution. However, where it reaches the extent to create a prejudice in the minds of its viewers or the readers, it becomes unjustifiable. The media trial creates prejudice to such an extent where in order for an acquitted person to prove his innocence has to go to another extent because the 'reasonable doubt' set by these channels and papers is so high, that to prove innocence beyond it becomes an impossible task to do.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more