An Empirical Analysis on Media Trials in India

  • Parameswar S Nair and Najiya Nazrin PN
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  • Parameswar S Nai

    Student at Bharata Mata School of Legal Studies, Aluva, India

  • Najiya Nazrin PN

    Student at Bharata Mata School of Legal Studies, Aluva, India

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Abstract

Media is considered to be the fourth pillar of democracy. They have a duty to uphold the values of democracy as they are the connecting link between the Government and the public. They create transparency on the proceedings of the Government by timely and systematic reporting of it’s activities. In many instances the media has proven to be a weapon of truth. They have been vital in uncovering the truth in many cases. Without them, justice would not have been delivered to the deserved. But along with the positive side there are negatives to the media also. Media trials are one of such negatives. Media trials are public trials carried out by the media against an individual by declaring him guilty in the eyes of the public before the case being decided by a competent court. Media trials often lead to mistrial, wrongful conviction, tarnishing the reputation of the accused even if he was acquitted etc. It is a clear violation of the right to fair trial which is a fundamental right guaranteed under article 21 of the Constitution. Also at many times media tend to violate the right to privacy of an individual by following unethical ways to get information without the consent of the concerned individual and then publishing it. The research paper covers the positive and negative aspects of media and what impact does it have on society. It discusses in detail the ways in which media trials affect the rights of the accused and what are the legal restraints put on media to prohibit them from overlapping their right to freedom of press.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 3, Page 632 - 642

DOI: https://doij.org/10.10000/IJLMH.113093

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