essay on media trial upsc

Trial by Media – Everything You Need to Know

From Current Affairs Notes for UPSC » Editorials & In-depths » This topic

Media is recognized as the fourth pillar of Democracy after Legislature, Executive and Judiciary. Therefore, to ensure democracy, there is a need for free and independent media. However, these days the role of media is often criticized, especially in reporting criminal matters. The media sometimes go beyond its domain and starts interfering with the functions of the court. Often the media have gone a step further and published information based on mere assumptions and suspicion about the line of investigation by the official agencies to vigorously report on the issue on a day to day basis and comment on the evidence without ascertaining the factual matrix. Such reporting has brought an undue pressure in the course of fair investigation and trial. The media in this manner is conducting a parallel investigation and trial; and has already foretold its decision, thereby, creating a pressure on the investigation agencies. In this context, let’s make a quick examination of the Trial by Media in India.

This topic of “Trial by Media – Everything You Need to Know” is important from the perspective of the UPSC IAS Examination , which falls under General Studies Portion.

Media: Meaning and Importance

• Media is the communication outlets or the tools used to store and deliver information or data .
• Media can be seen as a communication mechanism, ‘in the middle’, that conveys aspects of the world and society to the receiver/audience .
• Media plays an important role in society and is known as “watchdog”, it occupies an important role in shaping the mood of the public.
• The media being the fourth pillar of the Indian democracy , in all its might, provides a full proof picture into the working of the government, thus making an indelible impression on the citizens.
• It provides the information, adopts its own point of view, and thus works as a giving force to public debate.
• It stands as a permanent means of communication and control between the people and their elected representatives in parliament and government .
• In recent years, with the growth of cable television, local radio, newspapers and all forms of social media, the range and reach of media have increased exponentially thereby continuously expanding readership and viewership. This has given our media providers an unprecedented role in shaping popular opinion and references.
• The basic purpose of journalism is to serve the people with news, views, comments and information on matters of public interest in a fair, accurate and unbiased manner .
• For achieving this objective, the media is expected to conduct itself in keeping with certain universally recognized norms of conduct that have evolved or maybe evolved by different societies suited to their requirements such as
• Honesty and fairness in reporting facts.
• The duty to seek the views of the subject of any critical reportage in advance of publication.
• The duty to correct factual errors.
• The duty not to falsify pictures or to use them misleadingly.
• The duty to provide an opportunity to reply to critical opinions as well as to critical factual reportage.
• Need for the appearance as well as the reality of objectivity.
• Prohibition to receive consideration for reporting or not reporting.
• The duty to respect privacy .
• The duty to distinguish between facts and opinions.
• The duty not to discriminate or to inflame hatred on grounds of race, nationality, religion, or gender.
• The duty to refrain from mentioning the race, religion or nationality of the subjects of news stories unless relevant to the story. Some codes call for coverage, which promotes tolerance.
• The duty not to use dishonest means to obtain information, unless it is in the public interest.
• The duty not to endanger people.
• The duty to maintain general standards of decency and taste.
• The duty not to divulge confidential sources.
• The duty not to prejudge the guilt of an accused and to publish the dismissal of charges against or acquittal of anyone about whom the paper previously had reported that charges had been filed or that a trial had commenced.

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What is meant by Trial by Media?

• Trial by Media generally refers to a practice where the media start doing its own investigation and forms a public opinion against the accused even before a trial commences .
• In this way, it prejudices the trial, thereby infringing the rights of the accused to a fair trial. Thus, the accused that must be considered as innocent until proven guilty is now presumed as guilty thereby violating his rights.
• Trial by media is still a debatable term and is basically used to denote a facet of media activism .

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Effects of Trial by Media on Society

Social change.

• Social change is the transformation of culture and social organization/structure over time .
• As we are aware, the society has been never static in the modern world and the social, political, economic and cultural changes occur constantly.
• It happens everywhere, but the rate of change varies from place to place .
• Social change is sometimes intentional, but often unplanned .
• There are various causes of social change. These causes include
• Inventions produce new products, ideas, and social patterns.
• Discovery is finding something that has never been found before, or finding something new in something that already exists.
• Diffusion is the spreading of ideas and objects to other societies.
• This would involve trading, migration, and mass communication.
• The ‘mass media’ is a vital factor in the speed of social change. It permits rapid diffusion of ideas, making these manifest in the private and relaxing environs of the home, where audiences are at their most susceptible .
• Media play a significant role to influence some sectors of society and impact social activities like agitation, people participate etc.. Thus, it has a significant effect on the social and judicial administration.
• A good example of social change is the change in outlook towards various social crimes of the society.

Change in outlook towards various social crimes

• Unlike before, India because of its transparent and vibrant media, now galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight .
• Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. It is quite clear from the NIrbhaya case .
• The governmental and societal responses represent this case social change, as indicated by changing attitudes towards violence against women in India.

Legal Aspects of Trial by Media

• Media has wide-ranging roles in the society.
• Freedom of the media is the freedom of people as they should be informed of public matters. It is thus needless to emphasize that a free and a healthy press is indispensable to the functioning of democracy.
• In a democratic set up there has to be active participation of people in all affairs of their community and the state.
• It is their right to be kept informed about the current political, social, economic and cultural life as well as the burning topics and important issues of the day to enable them to consider forming a broad opinion in which they are being managed, tackled and administered by the government and their functions.
• The trial is essentially a process to be carried out by the courts and is a word which is associated with the process of justice.
• The trial by media is definitely an undue interference in the process of justice delivery.
• Media plays a vital role in moulding the opinion of the society and it is capable of changing the whole viewpoint through which people perceive various events.
• Thus the media trial means to frame a strong opinion in the eyes of the people, whether the accused is guilty or not though its coverage of the event and its opinion, before the judicial trial.
• It is the essential component of any judicial system that the accused should receive a fair trial.

Freedom of Speech and Expression

• The right to freedom of speech and expression contained in Article 19 of the constitution. However the freedom is not absolute as it is bound by the sub-clause  (2) of the same article. Also, It does not embrace the freedom to commit contempt of court .

Right to a Fair Trial

• Right to a fair trial is safeguarded by Article 21 of the Indian Constitution, along with Article 14 of The Indian Constitution.
• Balancing one’s right to freedom of speech and expression is the right of an individual to live with dignity.
• In Zahira Habibullah Sheikh V. State of Gujarat and Ors , the Supreme Court held that the concept of fair trial teaches and energizes other aspects of the law .
• A fair trial requires removal of bias or discrimination for or against the accused and the witness.
• This right to a fair trial can also be violated if the media use such language when reporting a problem that can have an effect on a judge’s brain or in some way affect the judicial process.
• In today’s times, the media have started to label and blame the accused with the ultimate goal of sensationalizing news items and increasing the news channels commercial popularity.

Freedom of Media

• The tension between the courts and media revolves around two general concerns- the first is that there should be no “trial by media” and second is that it is not for the press and anyone else to prejudice the case. Justice demands that people should be tried by courts of law and not be pilloried by the media.
• Freedom of the press is a subset of the freedom of expression and speech enshrined in Article 19 of the Constitution. Therefore, media are also subject to all restrictions imposed on private individuals.
• Universal Declaration of Human Rights states that “Everyone has the right to freedom of opinion and intervention and communicates information and ideas through any media irrespective of boundaries.
• In the same sense, the term press freedom was not expressly used in conjunction with Article 19, but freedom of speech and expression involves freedom of the press.

Interference with Court Proceedings

• According to the 200th Report of the Law Commission of India, the media exercises unrestricted, or rather uncontrolled independence in publishing information on the criminal case and biases the opinion of the public and those responsible for adjudicating the accused guilty.
• In fact, even if the individual is finally convicted by the judge, it becomes almost impossible for the accused to prefer appeals. Strong and excessive media hype will misguide the fair trial and lead to the defendant being depicted as a criminal.

Contempt of Court

• On the off chance, if the media’s coverage about an accused or perpetrator conflict with the court’s judicial process, then it leads to undue interference with the “justice process” which in turn gives rise to the media’s contempt of court proceedings.
• The Contempt of Courts Act, 1971 defines contempt as scandalizing, prejudicing the trial and the hindering administration of justice.
• In the case of Y.V. Hanumantha Rao v. K.R. Pattabhiram and Anr, It was observed that “When litigation is pending before a court, no one shall speak on it in such a way that there is a real and substantial danger of prejudice to the prosecution of the suit, such as impact on the defendant, the witnesses or bias against a party to the case in general. Even if the person who makes the statement honestly believe it is valid, it is still a Court contempt.

Regulatory Measures

• There are various ways to regulate the media like the Press Council of India (PCI) was established to preserve the freedom of the press and to improve the standards of news reporting in India.
• Under the Press Council Act 1978 , if someone believes that a news agency has committed any professional misconduct, the PCI can, emphasize the importance of accuracy and fairness and encourages the press to ―eschew publication of inaccurate, baseless, graceless, misleading or distorted material.
• The norms urge that any criticism of the judiciary should be published with great caution. These norms further recommend that reporters should avoid one-sided inferences, and attempt to maintain an impartial and sober tone at all times. But significantly, these norms cannot be legally enforced, and largely observed in the breach.
• Lastly, the PCI also has criminal contempt powers to restrict the publication of prejudicial media reports. However, the PCI can only exercise its contempt powers for pending civil or criminal cases.

Limitations on Freedom of Media

• Right to integrity
• Right to privacy
• Limitations imposed by way of contempt of court

Way Forward

• It is recommended that the publication showing of anything prejudicial towards the accused should be prohibited.

Prior Restraint:

• Under its authority, The courts may make these orders banning disclosure during the course of the trial for a temporary period, thereby reasonably restricting the freedom provided under Article 19(1)(a) of the Constitution .

Contempt of Courts Act, 1917:

• The inaccuracy of the coverage of the proceedings shall be disregarded only if it involves serious interference with the administration of justice. Section 4 of the Act gives protection to the person making the publication if it is fair and accurate. Therefore, media outlets should be varied for the accuracy of the information.

The request to delay publication:

• It can be passed by the court and will serve as a protective measure to protect the press from contempt proceedings.

Right to approach the Supreme Court and High Court:

• The griever could file written submissions in the respective courts if the media publications concerning the trial prejudiced him.

Recommendations by 200th Report of Law Commission :

• It has recommended to bring cases related to Free Speech versus a Fair Trial Under Criminal Procedure (Amendments to the Contempt of Courts Act, 1971)
• A law to debar the media from reporting anything prejudicial to the rights of the accused in criminal cases, from the time of arrest for investigation and trial .
• They have also recommended that journalists need to be trained in certain aspects of the law relating to freedom of speech in Art .
• A democratic society’s basic essence lies in free speech prevailing one’s ideas, propagating information and knowledge, debate on the topic, expressing their views.
• Media acts as a watchdog and functions as a forum for taking the voice of the people to the attention of government and the legislature.
• However, Keeping its larger impact on the society and the judiciary, Media should restrain from forming an opinion by conducting its own parallel investigation and trial.

Practice Question For Mains

• The media trial undeniably perverts the responsibility of the media and contravenes the fair outline of legal limits. Discuss (250 Words)

https://www.thehindu.com/news/cities/mumbai/bombay-hc-surprised-there-is-no-state-control-over-electronic-media/article32573530.ece

https://the-ken.com/bfo/118/

https://www.deccanchronicle.com/entertainment/bollywood/120920/media-trial-over-sushants-case-questionable-experts-say.html

https://www.latestlaws.com/articles/media-trial-a-hindrance-to-fair-investigation/

https://thewire.in/media/press-freedom-trial-by-media-supreme-court

https://timesofindia.indiatimes.com/business/india-business/nirav-modis-barrister-says-he-will-face-trial-by-media-in-india/articleshow/78025017.cms

https://www.vice.com/en/article/g5p9a3/the-arrest-of-a-bollywood-actor-in-india-shows-all-thats-wrong-with-media-trials

https://theprint.in/opinion/media-trial-of-rhea-chakraborty-by-tv-channels-is-a-potboiler-based-on-conspiracy-theories/498171/

https://www.thehindu.com/opinion/op-ed/media-trial-most-foul/article7604416.ece

https://www.thehindu.com/news/national/kerala/trial-by-media-is-contempt-of-court/article7491331.ece

https://www.thehindu.com/news/national/karnataka/oka-criticises-trend-of-media-trials/article28733875.ece

https://www.thehindu.com/opinion/Readers-Editor/Freedom-of-the-press-and-fair-trial/article16301300.ece

https://www.thehindu.com/news/national/regulate-digital-media-first-before-tv-and-print-media-centre-tells-supreme-court/article32626572.ece

https://www.thehindu.com/news/national/tv-anchors-conducting-media-trials-researcher-tells-sc/article32848868.ece

https://www.thehindu.com/news/cities/mumbai/sushant-singh-rajput-case-is-it-the-duty-of-media-to-suggest-anything-to-probe-agencies-asks-hc/article32806484.ece

https://www.thehindu.com/news/cities/Delhi/in-times-of-lockdown-a-case-for-media-access-to-courts/article31402503.ece

http://www.rmlnlu.ac.in/webj/devesh_article.pdf

http://docs.manupatra.in/newsline/articles/Upload/0158AEEE-1A16-473C-A41A-DB93A66000EB.pdf

https://shodhganga.inflibnet.ac.in/handle/10603/229557

https://www.researchgate.net/publication/274633662_Media_Glare_or_Media_Trial_Ethical_Dilemma_between_two_Estates_of_India_Democracy

https://lawcirca.com/critical-appraisal-of-media-trial-under-article-191a-of-the-india-constitution/

https://www.thehindu.com/opinion/editorial/stop-press-the-hindu-editorial-on-blanket-gag-order-against-the-media/article32623638.ece

https://www.thehindu.com/news/cities/mumbai/can-excessive-media-reporting-hinder-justice-bombay-hc-asks-centre/article32973640.ece/amp/

https://www.thehindu.com/news/national/can-excessive-media-reporting-hinder-justice-bombay-hc-asks-centre/article32973640.ece

https://www.legalbites.in/media-trial-big-problem/

https://blog.ipleaders.in/international-perspective-trial-media/

https://en.wikipedia.org/wiki/Trial_by_media

https://www.newindianexpress.com/opinions/2020/sep/30/what-can-bedone-abouttrial-by-media-2203715.html

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Media: The Fourth Foundation Of Democracy

• Last Updated : 10-Feb-2024
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Trial from the media:

• Trial by the press is a term that became popular in the late 20th and early 21st centuries. It explains the influence of television and newspaper coverage on the credibility of an individual by establishing a widespread impression of guilt or innocence before, or after, a court of law verdict.
• The trial by the media has been criticised by different Judges of the Court because it contributes to psychological variance while giving the judgement.
• Media trial is against the right to fair trial; Jasleen Kaur , a Delhi woman, for example, posted a picture of a man, Sarvjeet Singh , on Facebook in 2015 and accused him of sexual harassment. Four years later, the Delhi Court held the man innocent and acquitted him of all the charges.

The fourth pillar of democracy is the media:

• In keeping democracy alive and thriving, the media plays an important role. It is a connecting link between government and people in a way that provides citizens with knowledge about government acts, policies and inefficiencies.
• As a fourth pillar, the media plays an important part in achieving the true meaning of democracy.

The media's role in linking government and citizens:

What is press freedom.

• Freedom of the press has been regarded in India as part of the freedom of speech and expression guaranteed by the Constitution under Article 19(1)(a).
• The limits on "freedom of expression and speech" also extend to "freedom of the press and the media."
• Article 19(2), on the following grounds, offers reasonable restrictions such as India’s sovereignty and dignity, State protection, public order, decency, or morality, or in connection with court contempt and defamation.

Why is press freedom necessary?

• It serves as a check on administrators and governments.
• A free press has a responsibility to lift its voice against any social disorder or evil.
• It works towards strengthening a nation's sovereignty and dignity.
• It helps to create an atmosphere where peace and harmony can be cultivated by the country's people.
• A free press is essential to a democratic society.
• The press offers the forum for the hearing of a multitude of voices.
• At the national, regional and local levels media is the public’s watchdog as well as it is also an activist and guardian as well as an educator and entertainer.
• In India, the media has played a crucial role in providing people with knowledge about social and economic ills.

Verdicts of the Supreme Court on freedom of speech:

• The Supreme Court recognised in Romesh Thapar vs. the State of Madras that "Freedom of expression and the press is the cornerstone of all democratic organisations."
• In Indian Express Newspapers v. Union of India, the Supreme Court emphasized the importance of freedom of the press in these words:
• In Tata Press Ltd. V. Mahanagar Telephone Nigam Ltd. the Supreme Court held that a commercial advertisement or commercial speech was also a part of the freedom of speech and expression.

What needs to be done to protect press freedom?

• The "Upholder and Guardian of the Constitution" is the Supreme Court. An independent judiciary that upholds the constitutional guarantee of media freedom is an important safeguard for this fundamental right.
• Media self-regulation along with strong institutions such as media ombudsman as well as complaints and appeals committees, make it possible for ethics to be adhered to.
• To give the media fair play and to check its arbitrariness at the same time, a regulatory body should be formed comprising both media individuals and government bodies.
• Reform should come from senior editors and journalists in the media particularly. They should begin to reveal instances of fake news, and conflicts of interest, and make press operations more open.
• There is also a need for legislative support for the PCI (Press Council of India) to give it more regulatory authority.

What are the problems faced by the Indian media today?

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Constitutionality of Media Trials in India: A Detailed Analysis

By Nimisha Jha, NLIU, Bhopal      

Editor’s Note:   Media plays a vital role in moulding the opinion of the society and it is capable of changing the whole viewpoint through which people perceive various events. Heinous crimes must be condemned and the media would be justified in calling for the perpetrators to be punished in accordance with the law. However, the media cannot usurp the functions of the judiciary and deviate from objective and unbiased reporting. While a media shackled by government regulations is unhealthy for democracy, the implications of continued unaccountability are even more damaging. Steps need to be taken in order to prevent media trials from eroding the civil rights of citizens, whereby the media have a clearer definition of their rights and duties, and the courts are given the power to punish those who flagrantly disregard them. 

INTRODUCTION

The demi-world of journalism is like the fun house of mirrors that one finds in carnivals. In one reflection you are too fat; in another you are absurdly thin; in another reflection you appear to have an elongated neck; in another, a flat head,- in still another you have next to nobody. Yet there you are, standing in front of these bizarre reflections, fully formed and hearing little resemblance to any of the images before you. The difference is, however, that unlike the fun house of mirrors, the distortions of the media are rarely a joke [1] .

With the case of Sheena Bohra murder, the excruciating eyes of the media have pierced the personal life of the main accused Indrani Mukherjea which has kicked in a fresh debate on the issue of media trial of the accused. Every aspect of her personal life and character which have nothing to do legally with the investigation of the murder are under public lens of scrutiny via the media. The ethics of journalism have been again in a controversial area due to their prying eyes on the accused.

Media is regarded as one of the four pillars of democracy. Media plays a vital role in moulding the opinion of the society and it is capable of changing the whole viewpoint through which people perceive various events. The media can be commended for starting a trend where the media plays an active role in bringing the accused to hook. Especially in the last two decades, the advent of cable television, local radio networks and the internet has greatly enhanced the reach and impact of the mass media. The circulation of newspapers and magazines in English as well as the various vernacular languages has also been continuously growing in our country. This ever-expanding readership and viewership coupled with the use of modern technologies for newsgathering has given media organizations an unprecedented role in shaping popular opinions. However, media freedom also entails a certain degree of responsibility [2] .

The strength and importance of media in a democracy is well recognized. Article 19(1) (a) of the Indian Constitution, which gives freedom of speech and expression includes within its ambit, freedom of press. The existence of a free, independent and powerful media is the cornerstone of a democracy, especially of a highly mixed society like India. Media is not only a medium to express one’s feelings, opinions and views, but it is also responsible and instrumental for building opinions and views on various topics of regional, national and international agenda. The pivotal role of the media is its ability to mobilize the thinking process of millions. The increased role of the media in today’s globalized and tech-savvy world was aptly put in the words of Justice Learned Hand of the United States Supreme Court when he said, “The hand that rules the press, the radio, the screen and the far spread magazine, rules the country” [3] .

Democracy is the rule of the people, a system which has three strong pillars. But as Indian society today has become somewhat unstable on its 3 legs- the executive, the legislature and the judiciary, the guarantee of Article 19 (1)(a) has given rise to a fourth pillar known as media or press. It plays the vital role of a conscious keeper, a watchdog of the functionaries of society and attempts to attend to the wrongs in our system, by bringing them to the knowledge of all, hoping for correction. It is indisputable that in many dimensions the unprecedented media revolution has resulted in great gains for the general public. Even the judicial wing of the state has benefited from the ethical and fearless journalism and taken suo-moto cognizance of the matters in various cases after relying on their reports and news highlighting grave violations of human rights [4] .

However, there are always two sides of a coin. With this increased role and importance attached to the media, the need for its accountability and professionalism in reportage cannot be emphasized enough. In a civil society no right to freedom, howsoever invaluable it might be, can be considered absolute, unlimited, or unqualified in all circumstances. The freedom of the media, like any other freedom recognized under the Constitution has to be exercised within reasonable boundaries. With great power comes great responsibility. Similarly, the freedom under Article 19(1) (a) is correlative with the duty not to violate any law [5] .

In an increasingly competitive market for grabbing the attention of viewers and readers, media reports often turn to distortion of facts and sensationalisation. The pursuit of commercial interests also motivates the use of intrusive newsgathering practices which tend to impede the privacy of the people who are the subject of such coverage. The problem finds its worst manifestation when the media extensively covers sub judice matters by publishing information and opinions that are clearly prejudicial to the interests of the parties involved in litigation pending before the Courts [6] .

However, sensationalised news stories circulated by the media have steadily gnawed at the guarantees of a right to a fair trial and posed a grave threat to the presumption of innocence. What is more, the pervasive influence of the press is increasingly proving to be detrimental to the impartial decision making process of the judiciary. Such news stories cannot easily be defended under the auspices of freedom of expression [7] .

Every institution is liable to be abused, and every liberty, if left unbridled, has the tendency to become a license which would lead to disorder and anarchy. This is the threshold on which we are standing today. Television channels in a bid to increase their Television Rating Point (TRP) ratings are resorting to sensationalized journalism with a view to earn a competitive edge over the others [8] .

In recent times there have been numerous instances in which media has conducted the trial of an accused and has passed the verdict even before the court passes its judgment. Some famous criminal cases that would have gone unpunished but for the intervention of media, are Priyadarshini Mattoo case , Jessica Lal case , Nitish Katara murder case and Bijal Joshi rape case . The media however drew flak in the reporting of murder of Aarushi Talwar , when it preempted the court and reported that her own father Dr. Rajesh Talwar, and possibly her mother Nupur Talwar were involved in her murder, the CBI later declared that Rajesh was not the killer.

This phenomenon is popularly called as media trial. Trial by Media it is 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. There is a heated debate between those who support a free press which is largely uncensored and those who place a higher priority on an individual’s right to privacy and right to a fair trial. During high publicity court cases, the media are often accused of provoking an atmosphere of public hysteria akin to a lynch mob which not only makes a fair trial nearly impossible but means that regardless of the result of the trial the accused persons will not be able to live the rest of their life without intense public scrutiny. The counter-argument is that the mob mentality exists independently of the media which merely voices the opinions which the public already has. There are different reasons why the media attention is particularly intense surrounding a legal case: the first is that the crime itself is in some way sensational, by being horrific or involving children; the second is that it involves a celebrity either as victim or accused. Although a recently coined phrase, the idea that popular media can have a strong influence on the legal process goes back certainly to the advent of the printing press and probably much beyond. This is not including the use of a state controlled press to criminalize political opponents, but in its commonly understood meaning covers all occasions where the reputation of a person has been drastically affected by ostensibly non-political publications. The problem is more visible when the matters involve big names and celebrities. In such cases media reporting can swing popular sentiments either way [9] .

The practice which has become more of a daily occurrence now is that of media trials. Something which was started to show to the public at large the truth about cases has now become a practice interfering dangerously with the justice delivery system. And it highlights the enormous need of what is called ‘responsible journalism’ [10] .

A HISTORY OF MEDIA TRIALS

Although a recently coined phrase, the idea that popular media can have a strong influence on the legal process goes back certainly to the advent of the printing press and probably much further. This is not including the use of a state controlled press to criminalize political opponents, but in its commonly understood meaning covers all occasions where the reputation of a person has been drastically affected by ostensibly non-political publications.

20th century

One of the first celebrities in the 20th century to be arguably tried by media was Roscoe ‘Fatty’ Arbuckle who was acquitted by the courts but nevertheless lost his career and reputation due to the media coverage.

Parallels can be drawn between these cases and the trial of O.J. Simpson. The connection is less about guilt or innocence but about the promotion of the media coverage in the public mind above the status of the court.

Another interesting case in the US was the Rodney King incident and subsequent trial of the police officers involved. Once again an acquittal is challenged by the media reporting with violent consequences. What makes this case particularly important historically is the fact that it was amateur video footage which provided the key evidence of perceived guilt. As video cameras and their digital successors and CCTV become wider spread, this type of ‘caught on camera’ incident become more and more common. This can pose real problems for the legal system as the evidence they provide may be inadmissible for technical reasons (e.g. not being able to pinpoint exact times) but they give very strong images for the media (and public) to seize upon and the potential to manipulate by editing.

Even where a criminal court finds somebody guilty the media can still appear to sit in judgement over their sentence. Examples include Myra Hindley whose proposed release from prison after thirty years was widely condemned by the British press (the argument became moot when she died in 2002); Maxine Carr who, having served her sentence, has been released and is, according to some commentators being “demonised by the press”. One case popularized by the media between 1980 and 1982 was the murder trial of Lindy Chamberlain in Australia who was, but later released in 1986 on new evidence showing that a dingo had in fact committed the act as was originally claimed by Chamberlain. The motion picture A Cry in the Dark depicted Chamberlain, as played by actress Meryl Streep, caught in a “trial by media” which fed the public’s, and subsequently the jury’s false conviction of her.

Often the coverage in the press can be said to reflect the views of the person in the street. However, more credibility is generally given to printed material than ‘water cooler gossip’. The responsibility of the press to confirm reports and leaks about individuals being tried has come under increasing scrutiny and journalists are calling for higher standards. There was much debate over U.S President Bill Clinton’s impeachment trial and prosecutor Kenneth Starr’s investigation and how the media handled the trial by reporting commentary from lawyers which influenced public opinion. Another example was the investigation into biologist Steven Hatfill allegedly sending anthrax through the U.S. mail as a terrorist attack, which resulted in no conviction, but Hatfill went on to sue as his reputation was severely tarnished and career destroyed.

Families and friends of persons convicted of crimes have apparently successfully used the power of the media to reopen cases, such as the Stephen Downing case in Derbyshire where a campaign by a local newspaper editor resulted in a successful appeal and his release after twenty seven years in prison.

IMPACT OF MEDIA TRIALS

Media trials vs. freedom of speech and expression.

Freedom of speech plays a crucial role in the formation of public opinion on social, political and economic matters. Similarly, the persons in power should be able to keep the people informed about their policies and projects, therefore, it can be said that freedom of speech is the mother of all other liberties. [11]

Keeping this view in mind Venkataramiah, J. of the Supreme Court of India in Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India [12] has stated:

“[f]reedom of press is the heart of social and political intercourse. The press has now assumed the role of the public educator making formal and non-formal education possible in a large scale particularly in the developing world, where television and other kinds of modern communication are not still available for all sections of society. The purpose of the press is to advance the public interest by publishing facts and opinions without which a democratic electorate [Government] cannot make responsible judgments. Newspapers being purveyors of news and views having a bearing on public administration very often carry material which would not be palatable to Governments and other authorities.”

The above statement of the Supreme Court illustrates that the freedom of press is essential for the proper functioning of the democratic process. Democracy means Government of the people, by the people and for the people; it is obvious that every citizen must be entitled to participate in the democratic process and in order to enable him to intelligently exercise his right of making a choice, free and general discussion of public matters is absolutely essential. [13] This explains the constitutional viewpoint of the freedom of press in India.

In Printers (Mysore) Ltd. v. CTO [14] the Supreme Court has reiterated that though freedom of the press is not expressly guaranteed as a fundamental right, it is implicit in the freedom of speech and expression. Freedom of the press has always been a cherished right in all democratic countries and the press has rightly been described as the fourth chamber of democracy.

It therefore received a generous support from all those who believe in the free flow of the information and participation of the people in the administration; it is the primary duty of all national courts to uphold this freedom and invalidate all laws or administrative actions which interfere with this freedom, are contrary to the constitutional mandate. [15]

In R. Rajagopal v. State of T.N [16] the Supreme Court of India has held that freedom of the press extends to engaging in uninhabited debate about the involvement of public figures in public issues and events. But, as regards their private life, a proper balancing of freedom of the press as well as the right of privacy and maintained defamation has to be performed in terms of the democratic way of life laid down in the Constitution.

Therefore, in view of the observations made by the Supreme Court in various judgments and the views expressed by various jurists, it is crystal clear that the freedom of the press flows from the freedom of expression which is guaranteed to all citizens by Article 19(1)(a). Press stands on no higher footing than any other citizen and cannot claim any privilege (unless conferred specifically by law), as such, as distinct from those of any other citizen. The press cannot be subjected to any special restrictions which could not be imposed on any citizen of the country.

MEDIA TRIAL vs. FAIR TRIAL

Trial by media has created a “problem” because it involves a tug of war between two conflicting principles – free press and free trial, in both of which the public are vitally interested. The freedom of the press stems from the right of the public in a democracy to be involved on the issues of the day, which affect them. This is the justification for investigative and campaign journalism [17] .

At the same time, the “Right to Fair Trial”, i.e., a trial uninfluenced by extraneous pressures is recognized as a basic tenet of justice in India. Provisions aimed at safeguarding this right are contained under the Contempt of Courts Act, 1971 and under Articles 129 and 215 (Contempt Jurisdiction-Power of Supreme Court and High Court to punish for Contempt of itself respectively) of the Constitution of India. Of particular concern to the media are restrictions which are imposed on the discussion or publication of matters relating to the merits of a case pending before a Court. A journalist may thus be liable for contempt of Court if he publishes anything which might prejudice a ‘fair trial’ or anything which impairs the impartiality of the Court to decide a cause on its merits, whether the proceedings before the Court be a criminal or civil proceeding [18] .

The media exceeds its right by publications that are recognized as prejudicial to a suspect or accused like concerning the character of accused, publication of confessions, publications which comment or reflect upon the merits of the case, photographs, police activities, imputation of innocence, creating an atmosphere of prejudice, criticism of witnesses, the Indian criminal justice system. It encompasses several other rights including the right to be presumed innocent until proven guilty, the guilt is to be proved beyond reasonable doubt and the law is governed by senses and not by emotions the right not to be compelled to be a witness against oneself, the right to a public trial, the right to legal representation, the right to speedy trial, the right to be present during trial and examine witnesses, etc [19] .

In Zahira Habibullah Sheikh v. State of Gujarat [20] , the Supreme Court explained that a “fair trial obviously would mean a trial before an impartial Judge, a fair prosecutor and atmosphere of judicial calm. Fair trial means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated.”

Right to a fair trial is absolute right of every individual within the territorial limits of India vide articles 14 and 20, 21 and 22 of the Constitution. Needless to say right to a fair trial is more important as it is an absolute right which flows from Article 21 of the constitution to be read with Article 14. The right to freedom of speech and expression in contained in article 19 of the constitution. Article 19(1) (a) of the Constitution of India guarantees the fundamental right to freedom of speech and expression. In accordance with Article 19(2), this right can be restricted by law only in the “interests of the sovereignty and integrity of India, the security of the State, friendly relations with Foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.” [21]

INTERNATIONAL CONVENTIONS ON FAIR TRIAL:

In the International context, the UN Basic Principles on the Independence of the Judiciary, at Article 6, which states the judiciary is entitled and required “to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected.” [22] The principles enunciated in this Article are also stated in similar language in the International Covenant on Civil and Political Rights (ICCPR) [23] , which provides that “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal” in the determination of any criminal charge or in a suit at law. [24]

The ICCPR acknowledges that the right to a public trial is not absolute and that certain limitations on public access are necessary.

Article 19 of ICCPR confirms that freedom of expression is also a fundamental part of a democratic society. It elaborates that freedom of expression includes the freedom of the press and states that “everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” [25]

Under Article 10 of the European Convention on Human Rights, to which the UK and its other signatories are morally committed, the freedom of the press is paramount. Exceptions to that freedom may be made only such as are “necessary in a democratic society”, permissible only to the extent that they correspond to “a pressing social need”, and are proportionate to the end to be achieved. [26]

POSITION IN USA:

A number of decisions of the U.S Supreme Court confirm the potential dangerous impact the media could have upon trials. In the case of Billie Sol Estes [27] , the U.S. Supreme Court set aside the conviction of a Texas financier for denial of his constitutional rights of due process of law as during the pre-trial hearing extensive and obtrusive television coverage took place. The Court laid down a rule that televising of notorious criminal trials is indeed prohibited by the “Due process of Law” clause of Amendment Fourteen.

In another case of Dr.Samuel H.Sheppard [28] , the Court held that prejudicial publicity had denied him a fair trial. Referring to the televised trials of Michael Jackson and O.J.Simpson, Justice Michael Kirby stated:

“The judiciary which becomes caught up in such entertainment, by the public televising of its process, will struggle (sometimes successfully, sometimes not) to maintain the dignity and justice that is the accused’s due. But these are not the media’s concerns. Jurists should be in no doubt that the media’s concerns are entertainment, money-making and, ultimately, the assertion of the media’s power.” [29]

POSITION IN UK:

In England too, the House of Lords in the celebrated case of Attorney General vs. British

Broadcasting Corporation (BBC) [30] has agreed that media trials affect the judges despite the claim of judicial superiority over human frailty and it was observed that a man may not be able to put that which he has seen, heard or read entirely out of his mind and that he may be subconsciously affected by it. The Courts and Tribunals have been specially set up to deal with the cases and they have expertise to decide the matters according to the procedure established by the law. Media’s trial is just like awarding sentence before giving the verdict at the first instance. The court held that it is important to understand that any other authority cannot usurp the functions of the courts in a civilized society.

POSITION IN INDIA:

Similarly there have been a plethora of cases in India on the point. The observations of the Delhi High Court in Bofors Case or Kartongen Kemi Och Forvaltning AB and Ors. vs. State through CBI [31] are very much relevant, as the Court weighed in favour of the accused’s right of fair trial while calculating the role of media in streamlining the criminal justice system:

“It is said and to great extent correctly that through media publicity those who know about the incident may come forward with information, it prevents perjury by placing witnesses under public gaze and it reduces crime through the public expression of disapproval for crime and last but not the least it promotes the public discussion of important issues. All this is done in the interest of freedom of communication and right of information little realizing that right to a fair trial is equally valuable.”

Such a right has been emphatically recognized by the European Court of Human Rights:

“Again it cannot be excluded that the public becoming accustomed to the regular spectacle of pseudo trials in the news media might in the long run have nefarious consequences for the acceptance of the courts as the proper forum for the settlement of legal disputes.” [32]

The ever-increasing tendency to use media while the matter is sub-judice has been frowned down by the courts including the Supreme Court of India on the several occasions.

In State of Maharashtra vs. Rajendra Jawanmal Gandhi [33] , the Supreme Court observed:

“There is procedure established by law governing the conduct of trial of a person accused of an offence. A trial by press, electronic media or public agitation is very antithesis of rule of law. It can well lead to miscarriage of justice. A judge has to guard himself against any such pressure and is to be guided strictly by rules of law. If he finds the person guilty of an offence he is then to address himself to the question of sentence to be awarded to him in accordance with the provisions of law.”

The position was most aptly summed up in the words of Justice H.R.Khanna: –

“Certain aspects of a case are so much highlighted by the press that the publicity gives rise to strong public emotions. The inevitable effect of that is to prejudice the case of one party or the other for a fair trial. We must consider the question as to what extent are restraints necessary and have to be exercised by the press with a view to preserving the purity of judicial process. At the same time, we have to guard against another danger. A person cannot, as I said speaking for a Full Bench of the Delhi High Court in 1969, by starting some kind of judicial proceedings in respect of matter of vital public importance stifle all public discussions of that matter on pain of contempt of court. A line to balance the whole thing has to be drawn at some point. It also seems necessary in exercising the power of contempt of court or legislature vis-à-vis the press that no hyper-sensitivity is shown and due account is taken of the proper functioning of a free press in a democratic society. This is vital for ensuring the health of democracy. At the same time the press must also keep in view its responsibility and see that nothing is done as may bring the courts or the legislature into disrepute and make the people lose faith in these institutions.”

The Hon’ble Supreme Court in the case of Rajendra Sail Vs. Madhya Pradesh High Court Bar Association and Others [34] , observed that for rule of law and orderly society, a free responsible press and an independent judiciary are both indispensable and both have to be, therefore, protected. The aim and duty of both is to bring out the truth. And it is well known that the truth is often found in shades of grey. Therefore the role of both cannot be but emphasized enough, especially in a “new India”, where the public is becoming more aware and sensitive to its surroundings than ever before. The only way of orderly functioning is to maintain the delicate balance between the two. The country cannot function without two of the pillars its people trust the most.

MEDIA TRIAL vs. RIGHT TO BE REPRESENTED

Through media trial, we have started to create pressure on the lawyers even — to not take up cases of accused, thus trying to force these accused to go to trial without any defense. Is this not against the principles of natural justice? Every person has a right to get himself represented by a lawyer of his choice and put his point before the adjudicating court and no one has the right to debar him from doing so. For an instance, when eminent lawyer Ram Jethmalani decided to defend Manu Sharma, a prime accused in a murder case, he was subject to public derision. A senior editor of a television news channel CNN-IBN called the decision to represent Sharma an attempt to “defend the indefensible”. This was only one example of the media instigated campaign against the accused. As we all knew that in that case we had one of the best lawyers of the country, Gopal Subramaniam, appearing for the state and the case of Manu was handed to some mediocre lawyer. The media assumption of guilt clearly encroaches upon the right to legal representation, a critical component of the right to fair trial and may also intimidate lawyers into refusing to represent accused persons. Suspects and accused apart, even victims and witnesses suffer from excessive publicity and invasion of their privacy rights. Police are presented in poor light by the media and their morale too suffers. The day after the report of crime is published; media says ‘Police have no clue’. Then, whatever gossips the media gathers about the line of investigation by the official agencies, it gives such publicity in respect of the information that the person who has indeed committed the crime, can move away to safer places. The pressure on the police from media day by day builds up and reaches a stage where police feel compelled to say something or the other in public to protect their reputation. Sometimes when, under such pressure, police come forward with a story that they have nabbed a suspect and that he has confessed, the ‘Breaking News’ items start and few in the media appear to know that under the law, confession to police is not admissible in a criminal trial. Once the confession is published by both the police and the media, the suspect’s future is finished when he retracts from the confession muddle. Witness protection is then a serious casualty. This leads to the question about the admissibility of hostile witness evidence and whether the law should be amended to prevent witnesses changing their statements. Again, if the suspect’s pictures are shown in the media, problems can arise during ‘identification parades’ conducted under the Code of Criminal Procedure for identifying the accused. Subconscious effect on the Judge as one of the major allegations upon ‘media trial’ is prejudicing the judges presiding over a particular case. As there is always a chance judges may get influenced by the flowing air of remarks made upon a particular controversy. The media presents the case in such a manner to the public that if a judge passes an order against the “media verdict”, he or she may appear to many either as corrupt or biased [35] .

IS MEDIA TRIAL A CONTEMPT OF COURT?

Trial by Media is Contempt of Court and needs to be punished. The Contempt of Court Act defines contempt by identifying it as civil [36] and criminal [37] .

Criminal contempt has further been divided into three types:

• Scandalizing
• Prejudicing trial, and
• Hindering the administration of justice.

Prejudice or interference with the judicial process: This provision owes its origin to the principle of natural justice; ‘ every accused has a right to a fair trial ’ clubbed with the principle that ‘ Justice may not only be done it must also seem to be done ’. There are multiple ways in which attempts are made to prejudice trial. If such cases are allowed to be successful will be that the persons will be convicted of offences which they have not committed. Contempt of court has been introduced in order to prevent such unjust and unfair trials. No publication, which is calculated to poison the minds of jurors, intimidate witnesses or parties or to create an atmosphere in which the administration of justice would be difficult or impossible, amounts to contempt. [38] Commenting on the pending cases or abuse of party may amount to contempt only when a case is triable by a judge. [39] No editor has the right to assume the role of an investigator to try to prejudice the court against any person. [40]

The law as to interference with the due course of justice has been well stated by the chief Justice Gopal Rao Ekkbote of Andhra Pradesh High Court in the case of Y.V. Hanumantha Rao v. K.R. Pattabhiram and Anr. [41] , where in it was observed by the learned judge that:

“ …… When litigation is pending before a Court, no one shall comment on it in such a way there is a real and substantial danger of prejudice to the trial of the action, as for instance by influence on the Judge, the witnesses or by prejudicing mankind in general against a party to the cause. Even if the person making the comment honestly believes it to be true, still it is a contempt of Court if he prejudices the truth before it is ascertained in the proceedings. To this general rule of fair trial one may add a further rule and that is that none shall, by misrepresentation or otherwise, bring unfair pressure to bear on one of the parties to a cause so as to force him to drop his complaint or defence. It is always regarded as of the first importance that the law which we have just stated should be maintained in its full integrity. But in so stating the law we must bear in mind that there must appear to be ‘a real and substantial danger of prejudice .”

Fair trial Parties have a constitutional right to have a fait trial in the court of law, by an impartial tribunal, uninfluenced by newspaper dictation or popular clamour. [42] What would happen to this right if the press may use such a language as to influence and control the judicial process? It is to be borne in mind that the democracy demands fair play and transparency, if these are curtailed on flimsiest of grounds then the very concept of democracy is at stake.

The concept of ‘denial of a fair trial’ has been coined by authoritative judicial pronouncements as a safeguard in a criminal trial. But what does the concept ‘denial of fair trial’ actually mean:

The conclusions of the judicial decisions can be summed as follows:

The obstruction or interference in the administration of justice vis a vis a person facing trial. The prejudicial publication affecting public which in term affect the accused amount to denial of fair trial. Prejudicial publication affecting the mind of the judge and Suggesting the court as to in what manner the case should be preceded.

The publisher of an offending article cannot take shelter behind the plea that the trial to which the article relates to isn’t then in progress nor immediately to be begun but it has to occur at a future time. [43] Our law of contempt however does not prevent comments before the litigation is started nor after it has ended. In re P.C.Sen [44] Justice Shah who spoke for the court succinctly put the law as follows:

“ The law relating to contempt of Court is well settled. Any act done or writing published which is calculated to bring a Court or a Judge into contempt, or to lower his authority, or to interfere with the due course of justice or the lawful process of the Court, is a contempt of Court : R. v. Gray [45] ,. Contempt by speech or writing may be by scandalizing the Court itself, or by abusing parties to actions, or by prejudicing mankind in favour of or against a party before the cause is heard. It is incumbent upon Courts of justice to preserve their proceedings from being misrepresented, for prejudicing the minds of the public against persons concerned as parties in causes before the cause is finally heard has pernicious consequences. Speeches or writings misrepresenting the proceedings of the Court or prejudicing the public for or against a party or involving reflections on parties to a proceeding amount to contempt. To make a speech tending to influence the result of a pending trial, whether civil or criminal is a grave contempt. Comments on pending proceedings, if emanating from the parties or their lawyers, are generally a more serious contempt than those coming from independent sources. The question in all cases of comment on pending proceedings is not whether the publication does interfere, but whether it tends to interfere, with the due course of justice. The question is not so much of the intention of the contemner as whether it is calculated to interfere with the administration of justice. ” [46]

In Sushil Sharma v. The State (Delhi Administration) and Ors [47] it was held by the Delhi High Court that:

“ Conviction, if any, would be based not on media’s report but what facts are placed on record. Judge dealing .with the case is supposed to be neutral. Now if what petitioner contends regarding denial of fair trial because of these news items is accepted it would cause aspiration on the Judge being not neutral. Press report or no reports, the charge to be framed has to be based on the basis of the material available on record. The charge cannot be framed on extraneous circumstances or facts dehors the material available on record. While framing the charge the Court will from prima facie view on the basis of the material available on record. To my mind, the apprehension of the petitioner that he would not get fair trial is perfunctory and without foundation. None of the news items, if read in the proper prospective as a whole, lead to the conclusion that there is any interference in the administration of justice or in any way has lowered the authority of the Court. The Trial Court has rightly observed that after the charge sheet has been filed, if the Press revealed the contents of the charge sheet it by itself by no stretch of imagination amounts to interference in the administration of justice .”

Even in highly sensitive cases, the session trial has been conducted by the courts of Sessions without fear or favour. The Indian courts have emerged as the most powerful courts in the world with virtually no accountability. But every institution even the courts can go wrong. Every institution including the judiciary has its share of black sheep and corrupt judges. The judiciary is peopled by judges who are human, and being human they are occasionally motivated by considerations other than an objective view of law and justice. It would be foolhardy to contend that none of them, at least some of them, at least some times are motivated by considerations of their own personal ideology, affiliations, predilections, biases and indeed even by nepotistic and corrupt considerations [48] .

In stifling all criticism by the threatened exercise of the power of contempt, the issue in a democratic society is ultimately one of the accountability of the judiciary itself. In order to stifle free speech and comments on the court, even an occasional exercise of this power is enough to deter most persons form saying anything that might annoy their Lordships. Perhaps the most important reason for the lack of reforms in the judiciary is the reluctance of the Press to write about and discuss the state of affairs within it for fear of contempt [49] .

In Saibal Kumar Gupta and Ors. v. B.K. Sen and Anr [50] . It was held by the Supreme Court that: “ No doubt it would be mischievous for a newspaper to systematically conduct an independent investigation into a crime for which a man has been arrested and to publish the results of that investigation. This is because trial by newspapers, when a trial by one of the regular tribunals of the country is going on, must be prevented. The basis for this view is that such action on the part of a newspaper tends to interfere with the course of justice whether the investigation tends to prejudice the accused or the prosecution. There is no comparison between a trial by a newspaper and what has happened in this case.”

REGULATORY MEASURES

As we concern with the restrictions imposed upon the media, it is clear from the above that a court evaluating the reasonableness of a restriction imposed on a fundamental right guaranteed by Article 19 enjoys a lot of discretion in the matter. It is the constitutional obligation of all courts to ensure that the restrictions imposed by a law on the media are reasonable and relate to the purposes specified in Article 19(2).

In Papnasam Labour Union v. Madura Coats Ltd [51] the Supreme Court has laid down some principles and guidelines to be kept in view while considering the constitutionality of a statutory provision imposing restriction on fundamental rights guaranteed by Articles 19(1)(a) to (g) when challenged on the grounds of unreasonableness of the restriction imposed by it.

In Arundhati Roy, In re [52] the Supreme Court has considered the view taken by Frankfurter, J. in Pennekamp v. Florida [53] in which Judge of the United States observed: (US p. 366)

“If men, including judges and journalists, were angels, there would be no problem of contempt of court. Angelic judges would be undisturbed by extraneous influences and angelic journalists would not seek to influence them. The power to punish for contempt, as a means of safeguarding judges in deciding on behalf of the community as impartially as is given to the lot of men to decide, is not a privilege accorded to judges. The power to punish for contempt of court is a safeguard not for judges as persons but for the function which they exercise.”

In Rajendra Sail v. M.P. High Court Bar Assn . [54] 17 the editor, printer and publisher and a reporter of a newspaper, along with the petitioner who was a labour union activist, were summarily punished and sent to suffer a six months imprisonment by the High Court. Their fault was that on the basis of a report filed by a trainee correspondent, they published disparaging remarks against the judges of a High Court made by a union activist at a rally of workers. The remarks were to the effect that the decision given by the High Court was rubbish and fit to be thrown into a dustbin. In appeal the Supreme Court upheld the contempt against them, but modified and reduced the sentence.

In D.C. Saxena (Dr.) v. Chief Justice of India [55] the Supreme Court has held that no one else has the power to accuse a judge of his misbehaviour, partiality or incapacity. The purpose of such a protection is to ensure independence of judiciary so that the judges could decide cases without fear or favour as the courts are created constitutionally for the dispensation of justice.

By these above observations and the judgment we can say that restrictions imposed by Article 19(2) upon the freedom of speech and expression guaranteed by Article 19(1)(a) including the freedom of press serve a two-fold purpose viz. on the one hand, they specify that this freedom is not absolute but are subject to regulation and on the other hand, they put a limitation on the power of a legislature to restrict this freedom of press/media. But the legislature cannot restrict this freedom beyond the requirements of Article 19(2) and each of the restrictions must be reasonable and can be imposed only by or under the authority of a law, not by executive action alone. [56]

The Press Council of India (PCI) was established to preserve the freedom of the press and to improve the standards of news reporting in India. Under the Press Council Act 1978, if someone believes that a news agency has committed any professional misconduct, the PCI can, if they agree with the complainant, “warn, admonish or censure the newspaper”, or direct the newspaper to, “publish the contradiction of the complainant in its forthcoming issue.” Given that these measures can only be enforced after the publication of news materials, and do not involve particularly harsh punishments, their effectiveness in preventing the publication of prejudicial reports appears to be limited [57] .

Along with these powers, the PCI has established a set of suggested norms for journalistic conduct. These norms emphasise the importance of accuracy and fairness and encourages the press to “eschew publication of inaccurate, baseless, graceless, misleading or distorted material.” The norms urge that any criticism of the judiciary should be published with great caution. These norms further recommend that reporters should avoid one-sided inferences, and attempt to maintain an impartial and sober tone at all times. But significantly, these norms cannot be legally enforced, and are largely observed in breach.

Lastly, the PCI also has criminal contempt powers to restrict the publication of prejudicial media reports. However, the PCI can only exercise its contempt powers with respect to pending civil or criminal cases. This limitation overlooks the extent to which pre-trial reporting can impact the administration of justice. [58]

200 th LAW COMMISSION REPORT

Art. 19(1)(a) of the Constitution of India guarantees freedom of speech and expression and Art. 19(2) permits reasonable restrictions to be imposed by statute for the purposes of various matters including ‘Contempt of Court’. Art.19(2) does not refer to ‘administration of justice’ but interference of the administration of justice is clearly referred to in the definition of ‘criminal contempt’ [59] in and in Sec.3 thereof as amounting to contempt. Therefore, publications which interfere or tend to interfere with the administration of justice amount to criminal contempt under that Act and if in order to preclude such interference, the provisions of that Act impose reasonable restrictions on freedom of speech, such restrictions would be valid.

At present, under sec. 3(2) of the Contempt of Courts Act, 1971 read with the Explanation below it, full immunity is granted to publications even if they prejudicially interfere with the course of justice in a criminal case, if by the date of publication, a charge sheet or challan is not filed or if summons or warrant are not issued. Such publications would be contempt only if a criminal proceeding is actually pending i.e. if charges heet or challan is filed or summons or warrant are issued by the Court by the date of publication.

Question is whether this can be allowed to remain so under our Constitution or whether publications relating to suspects or accused from the date of their arrest should be regulated?

The Law Commission in its 200th report, Trial by Media: Free Speech versus Fair Trial Under Criminal Procedure (Amendments to the Contempt of Courts Act, 1971), has recommended a law to debar the media from reporting anything prejudicial to the rights of the accused in criminal cases, from the time of arrest to investigation and trial.

The commission has said, “ Today there is feeling that in view of the extensive use of the television and cable services, the whole pattern of publication of news has changed and several such publications are likely to have a  prejudicial impact on the suspects, accused, witnesses and even judges and in general on the administration of justice “.

This is criminal contempt of court, according to the commission; if the provisions of the Act impose reasonable restrictions on freedom of speech, such restrictions would be valid.

It has suggested an amendment to of the Contempt of Courts Act. [60] Under the present provision such publications would come within the definition of contempt only after the charge sheet is filed in a criminal case, whereas it should be invoked from the time of arrest.  In another controversial recommendation, it has suggested that the high court be empowered to direct a print or electronic medium to postpone publication or telecast pertaining to a criminal case.  On November 3, 2006, former chief justice of India Y K Sabharwal expressed concern over the recent trend of the media conducting ‘trial’ of cases before courts pronounce judgments, and cautioned:

“According to law an accused is presumed to be innocent till proved guilty in a court of law, and is entitled to a fair trial. So, it is legitimate to demand that nobody can be allowed to prejudge or prejudice one’s case? Why should judges be swayed by public opinion?”

In the US, the O J Simpson case [61] attracted a lot of pre-trial publicity. Some persons even demonstrated in judges’ robes outside the court and lampooned Etoo, the trial judge. Yet, Simpson was acquitted. The judge was not prejudiced by media campaign or public opinion. The Supreme Court has ruled in many cases that freedom of the press is a fundamental right covered by the right to freedom of expression under Article 19 of the Constitution.

But the right to fair trial has not explicitly been made a fundamental right. That does not mean that it is a less important right. More than a legal right, it is basic principle of natural justice that everyone gets a fair trial and an opportunity to defend oneself.

The NHRC, in its special leave petition filed before the Supreme Court against acquittal of the accused in the Best Bakery case [62] , contended that the concept of a fair trial is a constitutional imperative recognised in Articles 14, 19, 21, 22 and 39-A as well as by the CrPC.

It is true that contempt of court is a ground for restricting the freedom of speech, but the media has not tried to lower the dignity of the judiciary by exposing loopholes of the investigation and the prosecution.

And if judicial decisions also appear to be arbitrary, they must be subjected to ruthless scrutiny. It will be dangerous to gag the press in the name of contempt of court. If the appellate court feels that the media publicity affected fair trial, it can always reverse the decision of the lower court.

In the US, in 1965, Sam Sheppard [63] was convicted for murder. As this case received an enormous amount of pre-trial publicity, the US supreme court ruled that Sheppard’s  conviction [64] were violated and overturned the trial court’s decision.

In the 1970s and 1980s, the US supreme court began focusing more on the media’s First Amendment rights — the right to freedom of the press.

The Supreme Court’s pronouncement in Rajendra Sail case [65] , though given in context of criminal contempt, provides the proper guideline:

“For rule of law and orderly society, a free press and independent judiciary are both indispensable”.

CONSTITUTIONALITY OF MEDIA TRIALS

Freedom of press:.

Article 19 of the International Covenant on Civil and Political Rights, 1966 [66] , embodies the right to freedom of speech, that is, “ everyone shall have the right to hold opinions without interference ” and the “ freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice .” [67]

Nonetheless, this freedom comes with a rider that the exercise of this right comes with “ special duties and responsibilities ” and is subject to “ the rights or reputations of others ”. The right to freedom of speech and expression has been guaranteed under Article 19(1) (a) of the Constitution of India. Even though freedom of press is not a separately guaranteed right in India unlike the United States of America, the Supreme Court of India has recognized freedom of press under the umbrella right of freedom of speech and expression as envisaged under Article 19(1)(a) of the Constitution of India [68] .

In In Re: Harijai Singh and Anr. and In Re: Vijay Kumar [69] , the Supreme Court had the occasion to decide on the scope of the freedom of press, recognized it as “ an essential prerequisite of a democratic form of government ” and regarded it as “ the mother of all other liberties in a democratic society ” [70] . The right under Art 19(1) (a) includes the right to information and the right to disseminate through all types of media, whether print, electronic or audiovisual means [71] . It was stated in Hamdard Dawakhana v. Union of India [72] , that the right includes the right to acquire and impart ideas and information about matters of common interest.

The Supreme Court has stated that trial by press, electronic media or trial by way of a public agitation are instances that can at best be described as the anti-thesis of rule of law as they can lead to miscarriage of justice. In the opinion of the honourable court, a Judge has to guard himself against such pressure [73] . In Anukul Chandra Pradhan v. Union of India [74] , the Supreme Court observed that “ No occasion should arise for an impression that the publicity attached to these matters (the hawala transactions) has tended to dilute the emphasis on the essentials of a fair trial and the basic principles of jurisprudence including the presumption of innocence of the accused unless found guilty at the end of the trial ” [75] .

IMMUNITY UNDER CONTEMPT OF COURT ACT, 1971:

Under the Contempt of Court Act, 1971, pre-trial publications are sheltered against contempt proceedings. Any publication that interferes with or obstructs or tends to obstruct, the course of justice in connection with any civil or criminal proceeding, which is actually ‘pending’, only then it constitutes contempt of court under the Act. Under Section 3(2), sub clause (B) of clause (a) of Explanation, ‘pending’ has been defined as “ In the case of a criminal proceeding, under the Code of Criminal Procedure, 1898 (5 of 1898) or any other law – (i) where it relates to the commission of an offence, when the charge sheet or challan is filed; or when the court issues summons or warrant, as the case may be, against the accused.”

Certain acts, like publications in the media at the pre-trial stage, can affect the rights of the accused for a fair trial. Such publications may relate to previous convictions of the accused, or about his general character or about his alleged confessions to the police. Under the existing framework of the Contempt of Court Act, 1971, media reportage, as seen during the

Aarushi Talwar case, where the press, had literally gone berserk, speculating and pointing fingers even before any arrests were made, is granted immunity despite the grave treat such publications pose to the administration of justice. Such publications may go unchecked if there is no legislative intervention, by way of redefining the word ‘pending’ to expand to include ‘from the time the arrest is made’ in the Contempt of Court Act, 1971, or judicial control through gag orders as employed in United States of America.

Due to such lacunas, the press has a free hand in printing colourful stories without any fear of consequences. Like a parasite, it hosts itself on the atrocity of the crime and public outrage devoid of any accountability .

THE PUBLIC’s RIGHT TO KNOW:

The Supreme Court has expounded that the fundamental principle behind the freedom of press is people’s right to know [76] . Elaborating, the Supreme Court opined, “ The primary function, therefore, of the press is to provide comprehensive and objective information of all aspects of the country’s political, social, economic and cultural life. It has an educative and mobilising role to play. It plays an important role in moulding public opinion ” [77] .

However, the Chief Justice of India has remarked, “ freedom of press means people’s right to know the correct news ”, but he admitted that newspapers cannot read like an official gazette and must have a tinge of “sensationalism, entertainment and anxiety”.

In the Bofors Case [78] , the Supreme Court recounted the merits of media publicity: “ those who know about the incident may come forward with information, it prevents perjury by placing witnesses under public gaze and it reduces crime through the public expression of disapproval for crime and last but not the least it promotes the public discussion of important issues. ” [79]

Two important core elements of investigative journalism envisage that

(a) the subject should be of public importance for the reader to know and

(b) an attempt is being made to hide the truth from the people. [80]

PUBLIC PARTICIPATION:

Some scholars justify a ‘trial-by-media’ by proposing that the mob mentality exists independently of the media which merely voices the opinions which the public already has. In a democracy, transparency is integral. Without a free press, we will regress into the dark ages of the Star Chambers, when the judicial proceedings were conducted secretively. All these omnipresent SMS campaigns and public polls only provide a platform to the public to express its views. It is generating public dialogue regarding issues of public importance. Stifling this voice will amount to stifling democracy. [81]

Quoting Jeremy Bentham, on secrecy in the administration of justice,

“ In the darkness of secrecy, sinister interest and evil in every shape are in full swing. Only  in proportion as publicity has place can any of the checks applicable to judicial injustice  operate. Where there is no publicity, there is no justice. Publicity is the very soul of justice.  It is the keenest spur to exertion and the surest of all guards against improbity. It keeps  the judge himself while trying under trial. ” [82]

INEFFECTIVE LEGAL NORMS GOVERNING JOURNALISTIC CONDUCT:

Under the Press Council Act, 1978, the Press Council of India is established, with the objectives to “ preserve the freedom of the Press and to maintain and improve the standards of newspapers and news agencies in India ” [83] .

To achieve these objectives, it must “ ensure on the part of newspapers, news agencies and journalists, the maintenance of high standards of public taste and foster a due sense of both the rights and responsibilities of citizenship ” [84] and “ encourage the growth of a sense of responsibility and public service among all those engaged in the profession of journalism ” [85] .

The Council, also, enjoys powers to censure. If someone believes that a news agency has committed any professional misconduct, the Council can, if they agree with the complainant, “warn, admonish or censure the newspaper”, or direct the newspaper to, “publish the contradiction of the complainant in its forthcoming issue” under Section 14(1) of the Press Council Act, 1978 [86] .

Given that these measures can only be enforced after the publication of news materials, and do not involve particularly harsh punishments, their effectiveness in preventing the publication of prejudicial reports appears to be limited.

In Ajay Goswami v. Union of India [87] , the shortcomings of the powers of the Press Council were highlighted: Section 14 of the Press Council Act, 1978 empowers the Press Council only to warn, admonish or censure newspapers or news agencies and that it has no jurisdiction over the electronic media and that the Press Council enjoys only the authority of declaratory adjudication with its power limited to giving directions to the answering respondents arraigned before it to publish particulars relating to its enquiry and adjudication. It, however, has no further authority to ensure that its directions are complied with and its observations implemented by the erring parties. Lack of punitive powers with the Press Council of India has tied its hands in exercising control over the erring publications.

Along with these powers, the Press Council of India28 has established a set of suggested norms for journalistic conduct. These norms emphasize the importance of accuracy and fairness and encourage the press to “ eschew publication of inaccurate, baseless, graceless, misleading or distorted material .” The norms urge that any criticism of the judiciary should be published with great caution. These norms further recommend that reporters should avoid one-sided inferences, and attempt to maintain an impartial and sober tone at all times. But significantly, these norms cannot be legally enforced, and are largely observed in breach. Lastly, the PCI also has criminal contempt powers to restrict the publication of prejudicial media reports. However, the PCI can only exercise its contempt powers with respect to pending civil or criminal cases. This limitation does not consider the extent to which pre trial reporting can impact the administration of justice. [88]

MEDIA TRIALS: A NECESSARY EVIL?

We have a rich tradition of fiercely independent journalism. In fact, most of the big scams were busted by the press. The law enforcers merely followed them up. The poorly paid journalist must be credited for extracting those information which looked inaccessible for the top vigilance teams of the country. That is how HDW(Howaldswerske) marine case and Bofors hit the headlines. That is how we found out that Narasimha Rao had bribed the Jharkhand Mukti Morcha MPs and Satish Sharma and Buta Singh had brokered the deal. The media did us proud at every place of our political juncture. There is increasing and intense public focus on Courts and the cases filed therein. Now that the Courts have come under the media’s microscope, they are likely to remain there forever. A Positive by product of changes spurred by the media and addressed by the Courts is that more Indians are aware of their constitutional rights than ever before. The media strongly resents this sub judice rule and complains that Courts during the course of a hearing tend to interpret the sub judice rule quite strictly to prohibit any discussion of the issues before the Court even if they are engaging public attention. There is, therefore, an urgent need to liberalize the sub judice rule, invoking it only in cases of an obvious intent to influence the trial and not to any act that might have the remote possibility of influencing it. Another major constraint on stings and trials by media is the public interest. If public interest is missing and self or manipulative interests surface, the media loses its ground and invites the wrath of the court. [89]

From the above account it becomes clear that the media had a more negative influence rather than a positive effect (except for a few exceptions here and there). The media has to be properly regulated by the courts. The media cannot be granted a free hand in the court proceedings as they are not some sporting event. The law commission also has come up with a report on “ Trial by Media: Free Speech vs. Fair Trial under Criminal Procedure ” (Amendments to the Contempt of Court Act, 1971)’ [Report number 200 prepared in 2006].

The most suitable way to regulate the media will be to exercise the contempt jurisdiction of the court to punish those who violate the basic code of conduct. The use of contempt powers against the media channels and newspapers by courts have been approved by the Supreme Court in a number of cases as has been pointed out earlier. The media cannot be allowed freedom of speech and expression to an extent as to prejudice the trial itself.

The print and electronic media have gone into fierce and ruthless competition, as we call them ‘aggressive journalism’ that a multitude of cameras are flashed at the suspects or the accused and the police are not even allowed to take the suspects or accused from their transport vehicles into the courts or vice versa. Earlier, journalism was not under pressure to push up TRP ratings or sales. So the journalists did their work with serious intent and conviction, with courage and integrity. They did not pronounce people guilty without making a serious attempt to study the charges, investigate them, and come to their own independent conclusions, without fear or favour. They did not blindly print what law enforcers claimed, what the bureaucracy said or what politicians planted on to them. That is why people trusted them. But now we are seeing a different self acquired role of media in form of ‘media trial’. [90]

Everyone manipulates the media to serve their own interests or hurt their rivals. The problem does not lie in media’s exposing the lacuna of a bad investigation by police, or mal-performance of the duties ordained to the civil servants but the eye-brows start to raise when the media ultra vires its legitimate jurisdiction and does what it must not do. Be it highlighting the sub-judice issues into public keeping at stake the sanctity of judicial procedures and ‘right to life with dignity’ of accused and suspects. The media trial has now moved on to media verdict and media punishment which is no doubt an illegitimate use of freedom and transgressing the prudent demarcation of legal boundaries. [91]

From the above account it becomes clear that the media had a more negative influence rather than a positive effect. The media has to be properly regulated by the courts. The media cannot be granted a free hand in the court proceedings as they are not some sporting event. Any institution, be it legislature, executive, judiciary or bureaucracy, is liable to be abused if it exceeds its legitimate jurisdiction and functions. Media trial is also an appreciable effort along with the revolutionary sting operations as it keeps a close watch over the investigations and activities of police administration and executive. But there must be a reasonable self-restriction or some sort of regulations over its arena and due emphasis should be given to the fair trial and court procedures must be respected with adequate sense of responsibility. Media should acknowledge the fact that whatever they publish has a great impact over the spectator. Therefore, it is the moral duty of media to show the truth and that too at the right time. The most suitable way to regulate the media will be to exercise the contempt jurisdiction of the court to punish those who violate the basic code of conduct. The use of contempt powers against the media channels and newspapers by courts have been approved by the Supreme Court in a number of cases as has been pointed out earlier. The media cannot be allowed freedom of speech and expression to an extent as to prejudice the trial itself. An ideal proposal will be that the Indian press and the Indian people are not at present democratic enough to allow the press to intrude in the judicial process. What will an ideal proposition in allowing the media trial at this moment. It’s definitely an ideal proposition to allow controlled media reporting of the cases once the media is supposed to come out of the profit and sensational considerations. The media has to play the role of a facilitator rather than tilting the scales in favour of one or the other party. Heinous crimes must be condemned and the media would be justified in calling for the perpetrators to be punished in accordance with the law. However, the media cannot usurp the function of the judiciary and deviate from objective and unbiased reporting. While a media shackled by government regulations is unhealthy for democracy, the implications of continued unaccountability are even more damaging. Steps need to be taken in order to prevent media trials from eroding the civil rights of citizens, whereby the media have a clearer definition of their rights and duties, and the courts are given the power to punish those who flagrantly disregard them [92] .

What lessons does the Jessica Lall fiasco teach us? There is definitely a case for intensifying efforts to upgrade the quality of policing. There is at the same time a need to improve judicial performance. For instance, the Jessica trial took nearly seven years to get completed. Hardly anyone has commented on this. Will it be unreasonable to demand that this should be taken up by the Delhi High Court as a kind of case study to find out why there was such delay? The public would like to satisfy themselves that the failure was not because of judicial lethargy, but rather because of several extraneous factors such as police indifference and wanton delaying tactics on the part of the defence. The current popular perception is that judicial accountability is an unrealisable dream. It is for the judiciary to prove this perception wrong.

The above analysis reveals us the gravity of the situation as it persists in India. An ideal proposal will be that the Indian press and the Indian people are not at present democratic enough to allow the press to intrude in the judicial process. It’s definitely an ideal proposition to allow controlled media reporting of the cases once the media is supposed to come out of the profit and sensational considerations. The media has to play the role of a facilitator rather than tilting the scales in favour of one or the other party.

Heinous crimes must be condemned and the media would be justified in calling for the perpetrators to be punished in accordance with the law. However, the media cannot usurp the function of the judiciary and deviate from objective and unbiased reporting.

While a media shackled by government regulation is unhealthy for democracy, the implications of continued unaccountability are even more damaging. Steps need to be taken in order to prevent media trials from eroding the civil rights of citizens, whereby the media have a clearer definition of their rights and duties, and the courts are given the power to punish those who flagrantly disregard them.

The judiciary has been critical of the overactive and prejudicial reporting by the media. In the Labour Liberation Front case, Justice L. Narasimha Reddy lamented the “ abysmal levels to which the norms of journalism have drifted .” In M.P. Lohia v. State of West Bengal [93] , the Supreme Court cautioned the publisher, editor and journalist of a magazine that had reported the facts of a case that was sub-judice, thus “interfering with the administration of justice.”

The observations of Mr. Andrew Belsey in his article ‘Journalism and Ethics, can they co-exist’ [94] ) quoted by the Delhi High Court in Mother Dairy Foods & Processing Ltd v. Zee Telefilms [95] aptly describe the state of affairs of today’s media. He says that journalism and ethics stand apart. While journalists are distinctive facilitators for the democratic process to function without hindrance the media has to follow the virtues of ‘accuracy, honesty, truth, objectivity, fairness, balanced reporting, respect or autonomy of ordinary people’. These are all part of the democratic process. But practical considerations, namely, pursuit of successful career, promotion to be obtained, compulsion of meeting deadlines and satisfying Media Managers by meeting growth targets, are recognized as factors for the ‘temptation to print trivial stories salaciously presented’. In the temptation to sell stories, what is presented is what ‘public is interested in’ rather than ‘what is in public interest’.

The Indian Law Commission’s recent report entitled Trial by Media: Free Speech vs. Fair Trial Under Criminal Procedure (Amendments to the Contempt of Court Act, 1971) has made recommendations to address the damaging effect of sensationalised news reports on the administration of justice. While the report has yet to be made public, news reports indicate that the Commission has recommended prohibiting publication of anything that is prejudicial towards the accused — a restriction that shall operate from the time of arrest. It also reportedly recommends that the High Court be empowered to direct postponement of publication or telecast in criminal cases.

The credibility of news media rests on unbiased, objective reporting. It is in the media’s interest to ensure that the administration of justice is not undermined.

Edited by Kanchi Kaushik

[1] TRIAL BY MEDIA AND TRIAL OF MEDIA

http://www.rrtd.nic.in/MassMediaIndia2009.pdf (last visited on 21/10/2014 at 00:07)

[2] http://www.civilservicestimes.co.in/editorial-/current-national-issues/416-trial-by-media-looking-beyond-the-pale-of-legality-.html (last visited on 21/10/2014 at 00:08)

[3] Right to Privacy in Sting Operations of Media

http://odisha.gov.in/e-magazine/Orissareview/2013/may/engpdf/57-61.pdf (last visited on 21/10/2014 at 00:09)

[6] Supra note 2

[8] Supra note 3

[9] Supra note 2

[10] Supra note 3

[11] Freedom of press in India : Constitutional Perspectives

http://www.supremecourtcases.com/index2.php?option=com_content&itemid=1&do_pdf=1&id=6752 (last visited on 21/10/2014 at 00:05)

[12] (1985) 1 SCC 641 at p. 664, para 32.

[13] Maneka Gandhi v. Union of India, (1978) 1 SCC 248

[14] (1994) 2 SCC 434

[15] Indian Express Newspapers (Bombay) (P) Ltd. v. Union of India, (1985) 1 SCC 641

[16] (1994) 6 SCC 632

[17] Supra note 3

[19] Supra note 2

[20] (2005) 2 SCC (Jour) 75

[21] Supra note 2

[22] UN Basic Principles on the Independence of the Judiciary, G.A. Res.146, U.N. GAOR, 40thSess.(1985) art.6.

[23] Adopted and opened for signature, ratification and accession by General Assembly Resolution 2200 A (XXI) of 16 December 1966. Entered into force on 23 March 1976 in accordance with article 49.

[24] Art. 14(1), ICCPR, (1966) 999 UNTS 171, 1976 Can. T.S. No. 47, in force, including Canada, 1976.

[25] Article 14(1) of the ICCPR provides that “[t]he Press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interests of the private lives of the Parties so requires, or to the extent necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.”

[26] As well as Article 10 of the European Convention on Human Rights (ECHR).

[27] Estes v Texas 381 US 532 (1965)

[28] Sheppard v Maxwell 346 F.2d 707 (1965)

[29] Supra note 3

[30] [1981] AC 303

[31] 2004 (72) DRJ 693

[32] Supra note 3

[33] 1997 (8) SCC 386

[34] (2005) 6 SCC 109

[35] Supra note 2

[36] Section 2(b).

[37] Section 2 (a)

[38] AIR 1943 lah 329(FB).

[39] Subhash Chandra v. S. M . Agarwal, 1984 Cri LJ 481(Del).

[40] Dm v. MA Hamid Ali Gardish, AIR 1940 Oudh 137.

[41] AIR1975 AP 30.

[42] Cooper v. People (1889) 6 Lawyers Report Annotated 430(B).

[43] Leo Roy Frey Vs. R. Prasad and Ors , AIR 1958 P&H 377.

[44] AIR 1970 SC 1821.

[45]  [1900] 2 Q.B.D. 36 at p. 40

[46] Para 8.

[47] 1996 CriLJ 3944.

[48] Supra note 2

[50] AIR 1961 SC 633.

[51] (1995) 1 SCC 501

[52] (2002) 3 SCC 343

[53] 328 US 331 : 90 L Ed 1295 (1946)

[54] (2005) 6 SCC 109 per Y.K. Sabharwal, J. (for himself and Tarun Chatterjee, J.)

[55] (1996) 5 SCC 216

[56] Supra note 16

[57] http://presscouncil.nic.in/OldWebsite/NORMS-2010.pdf (last visited on 21/10/2014 at 00:14)

[59] sec. 2 of the Contempt of Courts Act, 1971

[60] Section 3(2)

[61] Case no. BA097211

[62] (2005) 2 SCC (Jour) 75

[63] Sam Sheppard was convicted for the murder of his pregnant wife in their Cleveland suburban home

[64] Sixth Amendment rights

[65] (2005) 6 SCC 109

[66] International Covenant on Civil and Political Rights, 1966, Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976.

[67] Article 19 of the International Covenant on Civil and Political Rights, 1966:

• Everyone shall have the right to hold opinions without interference.
• Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
• The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

[68] TRIAL-BY-MEDIA: DERAILING JUDICIAL PROCESS IN INDIA

http://www.nalsar.ac.in/pdf/Journals/Media%20Law%20Review_2010.pdf (last visited on 21/10/2014 at 00:03)

[69] (1996) 6 SCC 466, paras 8, 9 and 10.

[70] Ibid., para 8.

[71] Secretary, Ministry of Information & Broadcasting v. Cricket Association of West Bengal , 1995(2) SCC 161; Romesh Thapar v. State of Madras 1950 SCR 594; See also Life Insurance Corporation of India v. Manubhai D Shah , (1992 (3) SCC 637.

[72] 1960 (2) SCR 671.

[73] State of Maharashtra v. Rajendra Jawanmal Gandhi , 1997 (8) SCC 386.

[74] 1996 (6) SCC 354.

[75] Ibid., para 7.

[76] A.G. v. Times Newspaper, (1973) 3 All ER 54; Express Publications (Madurai) Ltd . v. Union of India, AIR 2004 SC 1950, para 29; Secretary, Ministry of Information and Broadcasting, Govt. of India v. Cricket Association of Bengal, AIR 1995 SC 1236, para 4.

[77] In Re: Harijai Singh and Anr.; In Re: Vijay Kumar, (1996) 6 SCC 466, para 10.

[78] Kartongen Kemi Och Forvaltning AB v. State through CBI , 2004 (72) DRJ 693.

[79] Ibid., para 10

[80] Supra note 73

[82] K.G. Balakrishnan, The Constitution, The Media And The Courts , The Fourth K.S. Rajamony Memorial Public Law Lecture, Kerala, www.supremecourtofindia.nic.in/new_links/9%5B1%5D.8.08.rajamony.pdf

[83] Press Council Act, 1978, Section 13(1).

[84] Press Council Act, 1978, Section 13(2) (c).

[85] Press Council Act, 1978, Section 13(2) (d).

[86] Section 14(1) of the Press Council Act, 1978, states: “ Where, on receipt of a complaint made to it or otherwise, the Council has reason to believe that a newspaper or news agency has offended against the standards of journalistic ethics or public taste or that an editor or working journalist has committed any professional misconduct, the Council may, after giving the newspaper, or news agency, the editor or journalist concerned an opportunity of being heard, hold an inquiry in such manner as may be provided by regulations made under this Act and, if it is satisfied that it is necessary so to do, it may, for reasons to be recorded in writing, warn, admonish or censure the newspaper, the news agency, the editor or the journalist or disapprove the conduct of the editor or the journalist, as the case may be. ”

[87] (2007) 1 SCC 143

[88] Supra note 73

[89] Supra note 2

[93] AIR 2005 SC 790

[94] published in Media Ethics : A Philosophical Approach, edited by Mathew Kieran

[95]   IA 8185/2003 Suit No. 1543/2003 dated 24.1.2005

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5 thoughts on “Constitutionality of Media Trials in India: A Detailed Analysis”

A good article on media trials and freedom of speech.

Amazing !!! really informative. Thank you so much or such an extraordinary article Nimisha. well done.

Wonderful article Nimisha

Wonderful article Nimisha.Keep it up

after this no more information is needed more everything is covered in a mannered sequence. JUST MARVELLOUS

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Media trials: Hindrance in the administration of Justice

Media is the fourth pillar of our democracy. Media through its immense work and the groundbreaking role has acquired that status. When the judiciary, legislature, and executive fail to look out for their citizens, free media is the one to become the voice of the masses. But, media trials are now the norm, people think whatever is shown in media is right. But, is it fair? Does it make sense or causes a hindrance in the administration of justice? Well, let’s find more.

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WHAT IS MEDIA TRIAL

Media Trials can be traced back to the twentieth century. The expression, however, has been introduced recently. It got its importance from the instance of Roscoe “Greasy” Arbuckle (1921) who was released by the courtroom. But, after the media announced him “liable”. he lost all his standing and eminence alongside his work. In another eminent case of O.J. Simpson (1995), the media advanced the case and profoundly impacted the spectators even over the status of the court. Clearly, media profoundly empowers or impacts the perspectives overtly.

Media trials can be described as the impact of television and newspaper coverage on a person’s reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law.

In R.K Anand v. Registrar, Delhi High Court (2009) 8 SCC 106 the Supreme Court explained media trial in the following manner-

“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. During high

publicity court cases, the media are often accused of provoking an atmosphere of public

hysteria akin to a lynch mob which not only makes a fair trial nearly impossible but means

that, regardless of the result of the trial, in public perception the accused is already held

guilty and would not be able to live the rest of their life without intense public scrutiny.” Read Also – Role of Media in Democracy Contemporary Indian Society

IMPACT OF MEDIA TRIAL

A. media trial and free speech.

As per numerous judicial interpretations and precedents, Freedom of the press (article 19) is a fundamental right. The concept of a free press is an implied one.  In Indian Express Newspapers v/s Union of India, (1985) 1 SCC 641supreme court held that the press assumes an exceptionally important standing in a democratic apparatus. The courts have obligation to maintain the freedom of the press and negate all laws and managerial activities that abbreviate that opportunity. Freedom of the press has three fundamental components. They are: 1. Freedom of access to all sources of information, 2. Freedom of publication, and 3. Freedom of circulation.

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However, no right is absolute. Article (19)(2) of the Indian Constitution imposes some reasonable restrictions on freedom of speech and expression vis-a-vis freedom of the press. With this expanded job and significance joined to the media, the requirement for its responsibility and demonstrable skill in reportage can’t be accentuated enough. In common society, no right to freedom is supreme, limitless, or unfit in all conditions. However, the opportunity of the media, similar to some other opportunity perceived under the constitution must be worked out inside sensible limits.

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b. Fair trial

Innocent until proven guilty and proof beyond a reasonable doubt are two major principles of the Indian criminal justice system. Every accused in our country has a right to a fair trial.

A fair trial involves a public hearing, independent judges, the right to counsel, the presumption of innocence, and many other factors. And, the procedures of a case with unprejudiced, free and able Judges guarantee a fair trial.

But in media trials no such procedure is advanced and rule of law gets violated. In Anukul Chandra Pradhan v. Union of India ,1996(6) SCC 354. The Supreme Court observed that “No occasion should arise for an impression that the publicity attached to these matters has tended to dilute the emphasis on the essentials of a fair trial and the basic principles of jurisprudence including the presumption of innocence of the accused unless found guilty at the end of the trial.”

Trial by media, electronic press and public opinion sabotages the very essence of rule of law. It straightaway hinders the administration of justice.

c. Right to privacy

Article 12 of the Universal Declaration of Human Rights (1948) defines privacy in the

following terms:

“No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.”

Constitution through wider interpretation of article 21 by Supreme Court has instituted right to privacy.

Often, media houses in the role to attract public eyes do things that are off-limits. In cases with celebrities or some high profile cases, news channels broadcast private information (no consideration given to consent). Not only the accused but the victims also suffer due to excessive publicity. We ought to protect The right to privacy unless it threatens the public interest. Read Also – Top 10 rights given to the Arrested Person

d. Contempt of court

Publishing popular opinions as to the final verdict even before the verdict of the court is nothing but a direct hindrance in the administration of justice. Producing a verdict requires a huge amount of wisdom and interpreting skills only by highly qualifies individuals as sitting judges. The sheer audacity of the media persons to conduct these illegitimate trials is beyond their power. This ultra vires conduct scandalizes the function of the courts and the prevalence of the rule of law.

e. Influence on judges

Judges undoubtedly make sure not to be influenced by the media and majority opinion. But as rightly observed by Justice Frankfurter in the case of John D. Pennekamp v. State of Florida (1946) 328 US 33- “however, judges are also human and we know better than did not forbear how powerful is the pull of the unconscious and how treacherous the rational process…and since Judges, however stalwart, are human, the delicate task of administering justice ought not to be made unduly difficult by irresponsible print.”

The media presents the case in such a way to the public that if an adjudicator passes an order against the “media decision”, the person then considered the same token as bad or one-sided. Read Also – Online Harassment Laws in India: Your Rights & Remedies

FINAL COMMENTARY

Media trial has been in action for a long time now. In cases like the Nitish Katara murder case Jessica Lal case, the Priyadarshini Mattoo case, and Bijal Joshi rape case, media activism was at par with justice. However in a very recent case Rhea Chakraborty v. State of Bihar, 2020 (Sushant Singh Rajput Death Case)  media trial went out of control. Commentaries over the accused and the victim were brutal and defamatory. It would be suitable to label the whole scenario as a character assassination for both parties. Media channels in the race of TRP ratings forgot every ethical and professional code of conduct. Read Also – Freedom of Speech and Expression

Photographs, videos, unsolicited statements are intangible in this age of technology. Furthermore, it harms the reputation of a person for life. The thing to be remembered, the person is still not a convict before the court’s judgment. therefore, he is rightful of integrity same as any other person.

The media needs to draw a line as being a mere corporate institution or democratic pillar. It is the functioning of the judiciary to pronounce verdicts, not the media trials. It is high time our legislature recognizes this problem. However, eradication of media trial completely is not reasonable but statutory regulation of it is the demand of our Constitution. Read Also – Secrets of Online Legal Marketing in India

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Home » Security Issues » Role of Media and Social Networking Sites in Internal Security Challenges » Media

The media is supposed to exist to maintain the bridge between the government and the people . The press is also called the fourth pillar of democracy . It is necessary to take into account that the media not only communicate but also offer their own perspective on every event that takes place.

Need for responsible media and credible information dissemination

• Media acts as a watchdog of public interest in a democracy . It plays an important role in a democracy and serves as an agency of the people to inform them of the events of national and international significance.
• Its importance in influencing readers can be gauged by the role it played during the freedom struggle, politically educating millions of Indians who joined the leaders in their fight against the British imperialism.
• It is like a mirror which reveals us the bare truth and harsh realities of life. A news media, be it in print form or TV/radio, its main job is to inform people about unbiased news without any censorship or tampering.

Responsibilities of a media in democracy

• The fundamental objective of journalism is to serve the people with news, views, comments and information on matters of public interest in a fair, accurate, unbiased and decent manner and language.
• The press is an indispensable pillar of democracy . It purveys public opinion and shapes it. Parliamentary democracy can flourish only under the watchful eyes of the media.
• With the advent of private TV channels, the media seems to have taken over the reins of human life and society in every walk of life.
• The media today does not remain satisfied as the Fourth Estate, it has assumed the foremost importance in society and governance. While playing the role of informer, the media also takes the shape of a motivator and a leader.
• Such is the influence of media that it can make or unmake any individual, institution or any thought. So, all pervasive and all-powerful is today its impact on the society. With so much power and strength, the media cannot lose sight of its privileges, duties and obligations.

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The World Reacts to Trump’s Guilty Verdict

Chinese and russian state media mirrored trump’s talking points on the trial..

• United States
• Robbie Gramer

Former U.S. President Donald Trump was convicted by a New York jury on Thursday of felony charges for falsifying business records related to a hush money payment made to an adult film star as part of an effort to illegally influence the 2016 election. The verdict, which found the presumptive Republican presidential nominee guilty on all 34 charges, sent political shockwaves through the United States as the 2024 election cycle gains steam.

But the historic court case also captivated readers well beyond U.S. borders. Below, we’ve rounded up the international reactions to the verdict.

Germany: The news dominated newspaper coverage in Germany and across Europe, with many outlets giving the conviction front-page, above-the-fold treatment. The coverage broadly mirrored that of U.S. outlets, with more ink spent speculating on how the guilty verdict would galvanize Trump’s supporters than reflecting on the historic nature of the conviction itself.

The Frankfurter Allgemeine simply trumpeted : “Guilty. Guilty. Guilty.” Leading newspaper Der Spiegel upped the ante with the headline “Guilty!” repeated 34 times. Tabloid Bild covered all the bases by asking, “Victory for Justice, or Dark Day for America?”

United Kingdom: Trump’s guilty verdict was splashed across the front pages of top newspapers and tabloids including the Daily Telegraph , the Times , the Scotsman , the Mirror , and the Daily Star (the last of which proclaimed with its trademark subtlety, “Orange Manbaby Is Guilty on All Counts”). The Financial Times asserted that the verdict “puts America’s political system on trial,” while the Economist led with a banner headline: “Guilty as charged: The disgrace of a former American president.”

But the magazine also argued that the case was “counter-productive” ahead of the U.S. presidential election. The “prosecution has done more to help than hurt Mr Trump’s chances of winning back the White House, and, as the insurrection of January 6th 2021 ought to have made clear, that is a greater hazard to the rule of law than any fraudulent book-keeping,” the Economist concluded.

France: In France’s Le Monde , the verdict led the day as well, with the flagship French daily noting that the echo of that one word—guilty—“speaks both of the vitality of the state of law put to the test and of the unprecedented challenge that is emerging for American democracy.” Another French daily, Libération , highlighted that although the verdict frees Trump from the burden of having to report to court almost daily as he has had to do over the past month, he will continue to be “weighed down with the aura of being a repeat offender, unanimously condemned by a jury of 12 regular citizens.” Trump’s sentencing is scheduled for July 11.

Switzerland: Swiss newspapers cut to the chase, with prominent coverage in Zurich’s Tages-Anzeiger noting that “Trump’s political comeback will now become a campaign of revenge.”

Poland: Poland’s Gazeta Wyborcza put the verdict into local terms, highlighting Polish President Donald Tusk’s conclusion that “Polish politicians must learn the lesson from America.”

Spain: Spain gave front-page treatment to Trump’s conviction in all the major dailies , though right-leaning outlets, otherwise engaged in ousting Spain’s current prime minister, had less time to spend on judicial comeuppance abroad.

Russia : Russian state-funded media outlet RT led its coverage with a quote from Republican Texas Gov. Greg Abbott, calling the trial a “kangaroo court.” Another state propaganda outlet, Sputnik , echoed Trump’s talking points, calling the trial “rigged” and “disgraceful.”

Hungary: Hungarian Prime Minister Viktor Orban, a friend to both Russian President Vladimir Putin and Trump, has consolidated control over Hungary’s media landscape as part of the country’s worrying backslide from democracy, even as he is lionized by factions of the U.S. Republican Party and some far-right political groups in Europe. The pro-government daily Magyar Hirlap led its coverage with photos of Trump supporters waving flags as the former president’s motorcade departed Manhattan. Its other top U.S.-focused news story was on claims that a plan by U.S. President Joe Biden to ease restrictions on marijuana use “could endanger the lives of millions.”

China: The Chinese state-run tabloid Global Times led its English-language coverage with the slightly garbled headline “Trump convicted in hush money case, ‘to exacerbate political extremism, social unrest’” and threaded its coverage with quotes from Chinese academics such as: “The attitudes of both parties further reflect the rottenness of American politics, and that the law now seems to be used as a political weapon.”

Israel: The Trump verdict hardly made a dent in two of Israel’s leading papers, the Jerusalem Post and Times of Israel , where coverage of the ongoing war in Gaza still dominates the news cycle. Ynet , another popular Israeli news outlet, topped its coverage with: “‘Hang Them All!’: The Rage of Trump Supporters and the Women Voters Who Might Abandon Him.”

The left-leaning Israeli newspaper Haaretz covered the political fallout of the trial through reactions from influential Jewish political groups in the United States, noting that Matthew Brooks, the CEO of the Republican Jewish Coalition, had decried the verdict as a “political prosecution of a political opponent.”

Haaretz also noted that shortly after the verdict, Trump lashed out at the district attorney who prosecuted the case, Alvin Bragg, calling him a “Soros-backed DA” in reference to the Jewish billionaire philanthropist and Holocaust survivor George Soros. The newspaper explained that Soros’s name “has been frequently used as an antisemitic dog whistle” and quoted Amy Spitalnick, the CEO of the Jewish Council for Public Affairs, as saying that Trump’s invocation of such “antisemitic, racist, and bigoted tropes” is “intended to undercut our democracy and fuel political violence.”

A Nation of Alternative Realities

Trump’s felony conviction shows that no man is above the law, but it also deepens the United States’ war with itself.

It’s Actually Common to Indict Leaders of Democracies

From the archives: Trump is just one among dozens of world leaders who have faced criminal charges since 2000.

Qatar: Al Jazeera had multiple front-page stories on Trump’s trial on its website, from the moment the verdict came to an explainer on what it will mean for the U.S. elections. Al Jazeera correspondent John Hendren argued that the verdict will only energize Trump’s base: “It is interesting to see that so far nothing has really tainted his appeal among his die-hard supporters.”

Nigeria: The Vanguard , a leading Nigerian newspaper, led its headline coverage of the case with a quote from Biden’s campaign: “No one is above the law.” The newspaper added that “Trump’s historic conviction — which would have been a knockout blow in any other election year — is undoubtedly a brighter spot for Biden after weeks of polling showing him neck and neck nationally with Trump.”

South Africa: One country where the Trump verdict hardly made any waves was South Africa, which is in the midst of its own national elections, where the ruling African National Congress party is on track to lose its majority for the first time since the country became a democracy in 1994. There were no stories on Trump in some of the country’s top papers—the Johannesburg Star , the Mail & Guardian , or the Sunday Times —as they focused on their own election.

India: This was the case in India, too, where the country is poised to announce its national election results next week. None of India’s top newspapers, including the Times of India , Hindustan Times , the Hindu , and the Indian Express , prioritized coverage of the Trump trial.

Argentina: Clarín gave the trial—helpfully labeled “pornogate”—some coverage, with emphasis on the “fuel” it will provide to Trump’s campaign.

Mexico: Mexico’s biggest daily found space amid the country’s own presidential race to highlight Trump’s becoming the first former U.S. president to be convicted of a felony.

Robbie Gramer is a diplomacy and national security reporter at Foreign Policy . Twitter:  @RobbieGramer

Keith Johnson is a reporter at  Foreign Policy  covering geoeconomics and energy. Twitter:  @KFJ_FP

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Climate change: Nepal’s honey gatherers say fewer hives threaten tradition

UPSC Syllabus:

Preliminary Examination: General issues on Environmental Ecology, Biodiversity and Climate Change

Mains Examination: GS-III: Environment

What’s the ongoing story- Now the generations-old craft is increasingly under threat as some experts say rising temperatures brought by climate change disrupt the growth of bees, the availability of their food, and even pollination of plants.

Prerequisites:

— What is the impact of climate change?

— What is the recent report on rising global temperature?

— How global warming is increasing the average temperature of the globe?

Key takeaways: 

— For generations, the Gurung community in Taap, about 175 km (110 miles) west of the capital, Kathmandu, and other villages in the nearby districts of Lamjung and Kaski, have scoured the steep Himalayan cliffs for honey.

— The honeycomb extract, also known as ‘mad honey’, for some intoxicating qualities that can cause hallucinations, sells for  2,000 Nepali rupees ($1.5) a litre, but the villagers rule out overharvesting as a reason for falling collections.

— Some experts blame climate change, driven by a global rise in temperatures, as a major factor in the decline, but other contributors are deforestation, diversion of water from streams and rivers for hydroelectric dams, and use of pesticides.

— Temperatures in the Himalayas, home to the planet’s tallest peaks, range higher than an average global increase of 1.2 degrees Celsius (2.2 degrees Fahrenheit) above pre-industrial levels, United Nations data and independent research show.

— Global studies show that a temperature rise of even one degree affects the growth of bees, the availability of their food, and cross-pollination of plants, said Suruchi Bhadwal of India’s Energy and Resources Institute (TERI).

— Research showed climate change was disrupting the food chains for bees and the flowering of plants, affecting populations of both across the world, added Bhadwal, the head of earth science and climate change at the institute.

For Your Information:

— The last decade has seen bee populations declining twice as fast, coupled with the rise of the Colony Collapse Disorder – a phenomenon whose cause is being attributed to certain chemicals in fertilizers interfering with the bees internal navigation system. Each of these have contributed to a drastic decline in global bee populations.

— As the world’s second-largest producer of fruits and vegetables, bees are vital for the nation’s economic performance as well. A study by a team from the University of Kolkata , assessed the effect of pollination on five different crop productions and found that the annual loss can be estimated to be $726 million – thus the effects of a loss in bees would also lead to a shortfall in agricultural produce as well.

Points to Ponder: 

— What are the global initiatives for tackling climate change?

— What is the Paris Agreement?

— What initiatives have been made by the Indian government to mitigate climate change?

Post Read Question:

Colony collapse disorder is associated with which of the following organisms?

(a) Dragonflies

(b) Honeybees

(c) Butterflies

Other Important Articles Covering the same topic:

Truth bee told: Why the threat of climate change is a warning we can’t buzz away

Sunita Williams flies to space for 3rd time

Preliminary Examination: Science and Technology

Mains Examination: GS-III: Science and Technology

What’s the ongoing story- Indian-origin astronaut Sunita Williams flew to space for the third time on Wednesday along with a colleague, scripting history as the first members aboard Boeing’s Starliner spacecraft on a 25-hour flight to the International Space Station.

— What is the International Space Station (ISS)?

— What is the importance of ISS?

— “This crew flight test represents the beginning of a new era of space exploration as we watch astronauts Wilmore and Williams put Boeing’s Starliner through its paces on the way to the International Space Station,” said Boeing Defense, Space & Security President and CEO Ted Colbert.

— Williams also made history as the first woman to embark on such a mission. And it won’t be her first entry in the history books.

— In 2012, during a prior trip to the International Space Station, Williams became the first person to finish a triathlon in space, during which she simulated swimming using a weight-lifting machine and ran on a treadmill while strapped in by a harness so she wouldn’t float away.

— The mission has been delayed for several years because of setbacks in the spacecraft’s development.

— If it is successful, it will become the second private firm able to provide crew transport to and from the ISS, alongside Elon Musk’s SpaceX.

— SpaceX and Boeing developed their respective vehicles under NASA’s Commercial Crew Programme, a partnership with private industry contractors. From the outset, the space agency aimed to have both companies operating at once.

— The Crew Dragon and Starliner spacecraft would each serve as a backup to the other, giving astronauts the option to keep flying, even if technical issues or other setbacks grounded one spacecraft.

— What is India’s Space Policy 2023?

— What are the opportunities and challenges with private sector participation in space missions?

— What are the initiatives taken by the government to promote the privatisation of the space sector?

What is India’s plan to have its own space station and how will it benefit our space programme? (UPSC CSE 2019)

Indian-origin astronaut Sunita Williams set to fly into space for a third time next month

China to host next Hamas, Fatah talks mid-June

Preliminary Examination:  Current events of national and international importance.

Mains Examination:  GS- II: Effect of policies and politics of developed and developing countries on India’s interests, Indian diaspora.

What’s the ongoing story-  Deep divisions will limit progress at reconciliation talks between Palestinian factions Hamas and Fatah this month, conversations with five sources in the groups indicate, but the meetings highlight that the Islamist group is likely to retain influence after Israel’s war in Gaza.

— What is Hamas?

— Know in brief about the ongoing Israel-Hamas war.

— What is Fatah party of Palestinian?

— The talks between Hamas and the Fatah party of Palestinian President Mahmoud Abbas will be held in China in mid-June, according to officials from both sides. They follow two recent rounds of reconciliation talks, one in China and one in Russia. China’s foreign ministry declined to comment.

— The next meeting will be held amid attempts by international mediators to reach a ceasefire deal for Gaza, with one of the key sticking points being the “day-after” plan – how the enclave will be governed.

— Considered a terrorist organisation by many Western nations, Hamas was shunned long before its Oct. 7 attacks killed 1,200 people in Israel, with more than 250 hostages taken, triggering the war in Gaza.

— Hamas, which ruled Gaza before the war, recognises it cannot be part of any internationally recognised new government of the Palestinian territories when fighting in the enclave eventually ends, said the source.

— Nonetheless, it wants Fatah to agree to a new technocratic administration for the West Bank and Gaza as part of a wider political deal, the source and senior Hamas official Basim Naim said.

— Hamas is the largest Palestinian militant Islamist group and one of the two major political parties in the region. Hamas as a whole, or in some cases its military wing, is designated a terrorist group by Israel, the United States, the European Union, the United Kingdom, and other countries.

— What is the conflict between Hamas and Fatah?

— What is India’s stand on the Israel-Hamas Conflict?

— What is India’s diplomatic attitude towards Palestine?

— Map Work- Israel, Palestine, Gaza Strip and other places in news.

The Mediterranean Sea is a border of which of the following countries? (UPSC CSE 2017)

Select the correct answer using the code given below:

(a) 1, 2 and 3 only

(b) 2 and 3 only

(c) 3 and 4 only

(d) 1, 3 and 4 only

Which countries recognie Hamas as a Terrorist Organisation? 

Hamas: Its conflict with Fatah

Special Category Status

Preliminary Examination:  Indian Polity and Governance

Mains Examination: GS-II: Indian Polity and Governance

What’s the ongoing story- Telugu Desam Party (TDP) president N Chandrababu Naidu emerged as a key player in national politics on Wednesday (June 5), after his party won 16 seats in the Lok Sabha election. TDP is in alliance with the Jana Sena Party and the BJP in Andhra Pradesh . Naidu’s support is critical for the BJP , which has only 240 seats in Lok Sabha. In return, Naidu is likely to extract several promises and assurances , the most important of which will be the status of a Special Category State for Andhra Pradesh .

— What is a Special Category Status?

— Which states presently have SCS?

— What is the criteria for SCS designation?

— In 1969, the Fifth Finance Commission of India introduced the mechanism of SCS to assist certain states in their development and fast-tracking growth if they faced historical economic or geographical disadvantages. Factors such as difficult and hilly terrain, low population density and/ or a sizable tribal population, strategic location along borders, economic and infrastructural backwardness, and non-viable nature of state finances were typically considered to accord SCS.

— The system was scrapped on the recommendation of the 14th Finance Commission, which suggested that the resource gap of the states should be filled by increasing the devolution of tax to 42% from the existing 32%.

— SCS would mean higher grants-in-aid to the state government from the Centre.

— SCS states enjoy special industrial incentives such as Income-tax exemptions, custom duty waivers, reduced excise duty, corporate tax exemption for a certain period, concessions and exemptions relating to GST, and lower state and central taxes.

— What does The 14th Finance Commission say about the Special Category status?

— Which states are demanding the Special Category Status?

— What are the Benefits of SCS?

— What are the concerns related to SCS?

What is the significance of the special category status given to states? What are the concerns associated with it?

What is special category status? 

Slight dip in number of women in LS, well under proposed 33% quota

Preliminary Examination: Polity

Mains Examination: GS-II: Polity and Governance

What’s the ongoing story- Over the years, Lok Sabha’s gender composition has shown a general trend towards increasing women’s representation. But progress has been slow and not linear.

— What is the status of women’s representation in the Parliament?

— What is the composition of the Lok Sabha?

— What is the significance of increased women’s representation in the parliament?

— India has elected 74 women MPs to Lok Sabha this year, four fewer than in 2019 and 52 more than in India’s first elections in 1952. These 74 women make just 13.63% of the elected strength of the Lower House, much less than the 33% that will be reserved for women after the next delimitation exercise.

— In 1952, women made up just 4.41% of the strength of the Lower House. This number increased to more than 6% in the election held a decade later, but again dipped to below 4% in 1971.

— Since then, there has been a slow, but steady rise in women’s representation (with a few exceptions), which crossed the 10% mark in 2009, and peaked in 2019 at 14.36%. India still lags behind several countries — 46% of MPs in South Africa, 35% in the UK, and 29% in the US, are women.

— Of the 74 women MPs elected, 43 are first time MPs, and one (Misa Bharti of the RJD) is a first time Lok Sabha MP. This is higher than the overall percentage of newcomers in the House (59% vs 52%).

— Women MPs have only 0.76 Lok Sabha terms of experience (one term is generally 5 years long).

— Women MPs, with an average age of 50 years, are also younger. The overall age of the House is 56. They are as educated as their male counterparts, with 78% completing undergraduation.

— Out of the total 8,360 candidates, who stood in the 2024 Lok Sabha elections, just around 10% were women. This number too has increased over time — it stood at 3% in 1957. This is the first time that women candidates’ proportion touched 10%.

— What are the reasons for low women representation in the Lok Sabha?

— Why do women’s MPs have low Lok Sabha terms of experience?

— What initiatives have been taken been by the government to increase women participation in the Parliament?

Consider the following statements:

1. The Constitution (106th Amendment) Act, 2023 reserves one-third of all seats for women in Lok Sabha and State legislative assemblies.

2. It has inserted Article 239-AA in the constitution of India.

Which of the statements given above is/are correct?

(c) Both 1 and 2

(d) Neither 1 nor 2

Women’s reservation Bill gets President’s assent, becomes law

The Editorial Page

Rules of the game.

Preliminary Examination: Indian Polity and Governance – Constitution, Political System

Mains Examination: GS-II: Governance, Constitution, Polity

What’s the ongoing story- Elections, however, are not just about victory and defeat. They are equally, if not more importantly, tests of the process, and its checks and balances, the system’s ability to ensure fair play.

— What is the role of the Election Commission?

— What is the role of the Enforcement Directorate (ED)?

— What is the Model Code of Conduct (MCC)?

— Who are star campaigners?

—  For India’s poll monitor, the Election Commission (EC), that task is both delicate and difficult: Making adherence to due procedures non-negotiable in a diverse and intensely competitive field, where passions often run high.

—  On Tuesday, when it declared the results of the General Elections the EC could justifiably claim to have lived up to its own high standards. “Parinaam mein hi pramaan hai (the result is the proof)”, said the CEC.

— According to Chief Election Commissioner Rajiv Kumar, India created a world record with 64.2 crore voters, including 31.2 crore women, participating in the Lok Sabha elections this year.  It is 1.5 times the voters of all G7 countries. A total of 1.5 crore polling and security personnel were involved in holding the elections

Points to Ponder:

— What are the constitutional provisions related to the Election Commission of India (ECI)?

— What is the composition of the Election Commission?

— What were the concerns related to the ECI?

— What needs to be done to strengthen the ECI?

Consider the following statements: (UPSC CSE 2017)

1. The Election Commission of India is a five-member body.

2. The Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.

3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

(a) 1 and 2 only

(c) 2 and 3 only

UPSC Key | Election verdict

India’s services sector growth softens: PMI

Preliminary Examination: Indian economy

Mains Examination: GS-III: Indian Economy and issues relating to planning, mobilization, of resources, growth, development and employment.

What’s the ongoing story- India’s service sector growth eased to a five-month low in May amid fierce competition, price pressures and a severe heatwave, even as new orders from international markets expanded.

— What is the contribution of the service sector to India’s GDP?

— What is the Purchasing Managers Index?

— How does the Purchasing Managers Index work?

— The PMI is an indicator of the economic trends in the manufacturing and service sectors. The indicator is compiled and released monthly.

— It is a survey-based measure that asks respondents about changes in their perceptions of important business factors over the past month.

— Why Purchasing Managers Index is important?

— How does the Purchasing Managers Index affect economic decisions?

Consider the following statements: (UPSC CSE 2020)

1. The weightage of food in Consumer Price Index (CPI) is higher than that in Wholesale Price Index ( WPI ).

2. The WPI does not capture changes in the prices of services, which CPI does.

3. The Reserve Bank of India has now adopted WPI as its key measure of inflation and to decide on changing the key policy rates.

(d) 1, 2 and 3

UPSC Ethics and Essay

“A Life Spent in Making Mistakes Is Not Only More Honorable But More Useful Than a Life Spent Doing Nothing.”

– George Bernard Shaw

(Thought Process: This quote has been taken from Shaw’s play “The Doctor’s Dilemma” which was first staged in London in 1906.  Is embracing your mistakes an integral part of the human experience? Why is the method of trial and error considered so important? Shouldn’t mistakes be viewed not as failures but as part of the learning process? Does making no mistakes indicate inaction in life, showing missed opportunities and unfulfilled potential? If you don’t take risks, how will you learn? How can this quote be implemented in your life?)

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Reactions to Donald Trump being found guilty in historic New York trial

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REPUBLICAN PRESIDENTIAL CANDIDATE TRUMP

Campaign of president joe biden and vice president kamala harris, ian sams, spokesperson for the white house counsel's office, house judiciary committee chairman jim jordan, republican of ohio, us representative jerry nadler, democrat and ranking member of the house judiciary committee, us representative eric swalwell, democrat of california, house republican conference chair elise stefanik of new york, potential vice presidential candidate, house majority leader steve scalise, republican of louisiana, us representative lauren boebert, republican of colorado, democratic senator chris murphy of connecticut, us senator rand paul, republican of kentucky, former trump national security adviser john bolton, now a trump critic, us representative matt gaetz, republican of florida, us representative marjorie taylor greene, republican of georgia, us senator rick scott, republican of florida and candidate to replace senator mitch mcconnell as minority leader, us senator lindsey graham, republican of south carolina, us representative ronny jackson, republican of texas and white house physician under trump, former maryland governor larry hogan, now running for the us senate, right-wing activist tim pool.

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Russia arrests Frenchman suspected of collecting military intelligence

Russian investigators said on Thursday they had detained a French citizen on suspicion of gathering information about the activities of the Russian military.

Trial by Media, Is it fair?

'Trial by media is a term which came into light in late 20th century and used frequently in 21st century. Actually, Trial by Media means judgment given by media (electronic/ paper) before the pronouncement of that respective judgment by the honorable court. The issue is very serious since it involves the clash of two Fundamental Rights. Those freedoms are 'Freedom of Press' and 'Right to have Fair Trial'.

Though in Constitution of India freedom of press is not explicitly provided but with the pronouncement of a judgment named Indian Newspaper v Union of India (1986 AIR 515). It is provided under Article 19(1) (a) which says that 'all citizens shall have the right to freedom of speech and expression', but this freedom is in way is overreaching or clashing with the right to have a fair trial which is again touched upon by various articles like Article 14(Equality before law), Article 19(Protection of certain rights regarding freedom of speech etc), Article 21(Protection of life and personal liberty), Article 22(Protection against arrest and detention in certain cases) of the constitution and also by procedural law (CrPC).

An open and strong media is needed in a democracy for checking the works of every organ as well as keeping public well informed. In fact a healthy press is indispensable to the functioning of democracy. In a democratic setup there should be an active participation of people in all affairs, it is their right to be kept informed about the social political condition prevailing in their country. The media should be commended for this job but when this job of checking and informing becomes diverted and starts interfering in the administration of justice; in that case it becomes unhealthy for the working of democracy.

If we go according to criminal jurisprudence, a suspect / accused is entitled a fair trial and is presumed to be innocent till proven guilty by a court of law, None can be allowed to prejudge or prejudice his case till the completion of trial, but nowadays since too much coverage is provided by the media, so many things which should not be told are uttered in the public openly which prejudges the conviction while the matter is still going on in the court of law. If this particular thing continues there will be confusion regarding the judgment, since media has already passed the judgment which pushes the honorable judges in a situation of enigma keeping the judgment at stake. Here comes the idea of reasonable restriction, it is well known that article 19(1) (a) provides freedom of speech and expression and 19(2) provide the concept of reasonable restriction where one of the basis is Contempt of Court which means that any interference in administration of justice will lead to criminal contempt of court as defined in Section 2 of Contempt of Court 1971(). So logically if there is any kind of interference in the administration of justice that will be considered as valid restriction.

If we see from another point of view trial by media influence many entities directly or indirectly. Beginning from the accused to the honorable judge everyone is influenced. It can be i) image of accused, ii) opinion of public, iii) honorable judges However, the importance of media cannot be ignored, there were some cases in the past where media played a very important role as in Jessica Lal murder case and many others. But the whole thing comes to a point that every institution be it The Executive or The Legislature or The Judiciary or Media must remain within their legislative jurisdiction once they will come out of their respective domain clashes will arise and the clashes hinders the growth of a democracy. Media is considered as the fourth pillar of the democracy. So it should not interfere (interference is different from checking) with other pillars otherwise the base will collapse with frequent imbalance.

Abhilasha Singh

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