Trial by media is a serious issue that needs to be addressed by all persons concerned with democracy and independent judiciary. The first requirement is defining the idea of trial by media. We needed to take into account three key elements in this regard - freedom of the press, fair trial and personal reputation. Freedom of the press is one of the most important pillars of a democratic society and there cannot be any compromise on this principle. The constitution provides for maximum freedom with minimum limitations for functioning of the media. The freedom of the press is not limited to freedom of journalist alone. It is the embodiment of people’s right to know.
The principle of fair trial is another signature of human civilisation. A person accused of a crime being given an opportunity for a fair and transparent trial is the cornerstone of modern judicial process. The independence of the judiciary rests on its ability to conduct a fair trial without being influenced by anything connected with the case. The relentless flow of information with a prejudiced view may create a situation by which the judge will not be able deliver a judgment based on the law. The Jessica Lal case is a good example of the trial by media phenomenon.
The personal reputation of the affected person is the third element that needs to be taken into account while dealing with the issue of trial by media. I feel that the media should develop a code of conduct or a system of filtering by which a clear and transparent evaluation can be made about the need for bringing a particular detail regarding a case. For instance, it is time that we should make an honest appraisal on the need for the ubiquitous ‘discussion’ at prime time television regarding the finer points of an investigation or trial in its preliminary stage. Most often we find that no useful purpose is served by such discussions.
(Hony. Director, Bar Council of Kerala, MKN Academy for Continuing Legal Education)
