Media trials and its impact on judiciary and media consumers in Himachal Pradesh

Abstract

Media is considered as a revolutionary tool and for the dissemination of information to mould the public opinion since centuries. A free and fair media is considered as the fourth pillar of democracy being an opinion maker of the society with remarkable impact. Keen interest of media in the administration of justice, through its alleged investigative stories, distracts the smooth functioning of governments and private sector. It also infringes the right of fair trial of an individual, accused and witnesses. Media trial 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. Therefore, the current study stresses upon the grey areas of the media trials which cannot be ignored because it pauses enormous threats to the judicial system and media consumers as well. The term media consumer in this study would mean the recipient of information disseminated by different media organizations to all sections of society. The study employed qualitative and quantitative data collection tools to obtaining the required information, opinions and facts thereby from various sections of society. Hence the research will be helpful to clear doubts related to the term media consumers and consequences of media trial. An attempt is being made by the media of holding the accused guilty even prior to his proper judicial trial and regardless of any verdict in the court of law. The Constitution of India under its Article 19 (1) (a) grants freedom of speech and expression to its citizens. The freedom of press is a necessary element of the freedom of expression that involves a right to receive and impart information without which democracy becomes an empty slogan. But this right is not absolute and is subjected to the reasonable restrictions of defamation and contempt of court among others mentioned in clause (2) of the article, which clearly states that, this right can be restricted by law only in the interest of the sovereignty and integrity of India.