Trial by Media-Boon or Bane

Media is regarded as one of the pillars of democracy.It has wide ranging roles in the society.It plays a vital role in moulding the opinion of the society and is capable of changing the whole viewpoint through which people perceive various events.In recent times the media has started a trend of giving an entire coverage of a particular case and forming an opinion about a person's guilt,at the same time influencing the opinion of the people,even before the court gives its verdict.

" Trial By Media" is a phrase popular in the late 20th century and 21st century,which describes the impact of television and newspaper coverage on a person's reputation by creating a widespread perception of guilt regardless of any verdict in a court of law. Although a recently coined phrase,the idea that popular media can have a strong influence on the legal process,goes back to the advent of the printing press and probably much further.

" Trial By Media" is a part of "Freedom of Press." Freedom of press was one of the constitutional guarantees persistently demanded by India's freedom fighters during the British colonial rule.But this demand was turned down by the British rulers in India.Therefore,the Founding Fathers of the Constitution of India,during its framing,attached great importance to the "Freedom of Press." Surprisingly,"freedom of press" is not specifically mentioned in the Chapter of Fundamental Rights int the Indian Constitution. Dr. B.R. Ambedkar, the principal architect of the Constitution,assured that "freedom of press" was included in the guarantee of "Freedom of Speech and Expression" and it was hardly necessary to provide for it specifically.

But the growing trend of "Trial by Media" has its own merits and demerits.

Merits of "Trial by Media" :

The new concept of "trial by media", has had many successes and has brought forth many sufferings of common man.
Without the media,the "brutal Khap killings" of Haryana,would quietly have continued in the future too as it had in the past.None of us had heard about the "Khap Panchayat" and the Khap killings before,although these had already existed.
Manu Sharma,the accused in the "Jessica Lall Case',tried to impose all his political and financial might,to defend his crime,and had almost succeeded,but for the non-violent,patient campaign carried out by the common people demanding justice for Jessica.The torch ignited by Jessica's sister,was turned into a fire by the media forcing the judiciary to take the cause in the right earnest.
The "Ruchika Girhotra Case" too could reach to a deserving judgement because of the media.The media also played an important role in the "Priyadarshini Mattoo Case" Thus,the newly evolved concept of "trial by media" has been helpful in obtaining justice in many cases.

Demerits of "Trial by Media" :

Though "Trial by Media" has achieved many successes,sometimes it is observed that the electronic media is entering into unchartered territory,when it pronounces any accused,guilty even where the legal process is underway.
In the "Aarushi murder case" of 2008,the media went to town with all sorts of "who dunnit" theories,even before the police investigation could reach some conclusion and trial could begin. Another instance,though it does not fall under the purview of "Trial by Media",but it does fall under "over-analysis" or "over-enthusiasm" by media,is the 26/11 terrorist attacks on Mumbai,coverage.During these attacks,the events were unfolded in detail,not only on television,but also on many websites.Reports reveal that the Indian Government even had to request the citizens of Mumbai in particular to avoid giving such live coverage.This is simply because,such channels are accessible to all,including the people who planned this ghastly terror attack.Giving a minute-by-minute coverage of important activities by the security service is surely not a wise move and can never be justified.
Between September 2004 to March 2005,the media - print,audio and visual,all talked about His Holiness Sri Jayendra Saraswathi Swamigal,a Hindu religious leader,suggesting his guilt in a murder case,but the High Courts of Madras and Andhra Pradesh and the Supreme Court of India repeatedly found that there was no material evidence to find him guilty and came down heavily on the media for the misuse of Government machinery.
Thus,the media drew flak in the above mentioned cases by entering into unchartered territory.

Thus,the concept of "trial by media " has certainly brought about a positive change by taking up the cause of the common people,but it still needs to develop in a proper manner and to some extent should be properly regulated by the courts.The media has to play the role of a facilitator and not that of tilting the scales in favour of one or the other party.