Trial by Media: Undermining of the Indian Judiciary

In the recent times it has been observed that the cases are covered by the media beyond the limitations that they are provided with, they do take up matters Suo moto in their hands and extensively cover it creating a prejudicial mind-set in general. Media is one of the main pillars of democracy as it assures freedom of speech and expression as ensured through Article 19(1)(a) of the constitution but this right is not absolute and comes with certain reasonable restrictions as specified in Article 19(2) in concern to various purposes which includes contempt of court as well. Though the restrictions are provided in want of attention and TRP media houses have side lined the ethics of journalism in a way that they are affecting the minds of the judges as well as the public subconsciously. Though it cannot be denied that our media is the one which assures that we should be well informed but it should be done in an unbiased manner. Thus, steps need to be taken in order to draw a line, as unhealthy coverage is infringing the civil rights of the citizens and also is infringing the rights of the victim and the accused. Over involvement of the media through press, newspapers and social media is nullifying the whole idea of fair trial and affecting the privacy of the individuals disgracefully. Firstly, this paper discusses the history of medial trial in connection to freedom of speech and expression under Article 19 (1), in the next step the paper discusses the impact of trial by media on fair trial and the judiciary system and lastly this paper throws light on the mechanism of restriction on the media and to what extent it is being followed.