Media Trials in India… Transparency versus Privacy

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In India, media trials have become a frequent occurrence, particularly in high-profile criminal cases, where media channels often shape public perception before the judiciary delivers its verdict. The media analyses cases, constructing narratives that can lead the public to conclude guilt before a formal judgment is passed. While the media is expected to adhere to ethical standards, corruption has infiltrated this sector, blurring the lines between responsible reporting and sensationalism.

The prevalence of media trials underscores the significant influence of news platforms on public opinion. Newspapers have scrutinized cases involving unethical practices, shedding light on how the judiciary addresses these issues through case law. Media trials, encompassing various forms such as newspapers, magazines, television, and social media, aim to present comprehensive coverage to the public, aiding their understanding of complex legal matters.

While the media possesses legal and constitutional rights to cover court proceedings, this liberty can sometimes spiral into parallel criminal trials within news studios. Media coverage of criminal cases often involves reporting on police investigations, analyzing data, and fact-checking to enhance public trust and awareness.

However, media trials have faced criticism for violating individual rights, notably the right to privacy under Article 21. The disclosure of sensitive information during media trials can infringe upon privacy, affecting both suspects and victims. The judiciary has intervened, establishing guidelines to protect victims’ dignity and sensitive case details, emphasising the importance of respecting privacy during ongoing legal proceedings.

Media trials have prompted debates on their potential bias and impact on justice delivery, with concerns raised over distinguishing between fact and fiction. In the quest for ratings and competition, media outlets risk misrepresenting suspects and compromising legal processes.

Efforts to regulate media practices without jeopardizing press freedom have been proposed, urging adherence to ethical standards and the right to privacy. Regulatory bodies like the Press Council of India (PCI) oversee print media, with discussions on extending regulatory oversight to electronic media like television and radio.

In conclusion, while the media plays a vital role in informing the public and upholding accountability, media trials must strike a balance between transparency and responsibility. Upholding ethical journalism is imperative to safeguarding privacy rights and ensuring fair judicial processes. Effective regulation can foster responsible media practices without stifling press freedom, enhancing public trust and contributing to a more informed society.

By: M. H. Hidayathulla Kuvenda
Advocate,  High Court of Karnataka

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