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An Analysis of The Press Rights and The Need For Curtailing Media Trial

The document discusses press rights in India and the issue of media trials. It outlines various rights that are protected for press under the Indian constitution and laws, including freedom of speech, right to publish and circulate information, and right to report court proceedings. However, it notes that media trials, where the media conducts its own investigation and builds public opinion against accused persons before courts make a decision, can interfere with judicial processes. The document analyzes laws around contempt of court and provisions to protect victims that aim to regulate media trials. It examines impacts of media trials through cases like the Jessica Lal murder case and Sushant Singh Rajput case.

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17 views11 pages

An Analysis of The Press Rights and The Need For Curtailing Media Trial

The document discusses press rights in India and the issue of media trials. It outlines various rights that are protected for press under the Indian constitution and laws, including freedom of speech, right to publish and circulate information, and right to report court proceedings. However, it notes that media trials, where the media conducts its own investigation and builds public opinion against accused persons before courts make a decision, can interfere with judicial processes. The document analyzes laws around contempt of court and provisions to protect victims that aim to regulate media trials. It examines impacts of media trials through cases like the Jessica Lal murder case and Sushant Singh Rajput case.

Uploaded by

raghunandan.vsy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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An analysis of the press

rights and the need for


curtailing media trial

Presenting by
Raghunandan VS
2357019
LL.M CAL
Press Rights
 Article 19 (1) of the Indian Constitution provides for
freedom of speech and expression that includes the
rights of Press in India.
 The rights include:
◦ Defamation and Free Press
 Section 499 of the Indian Penal Code 1860

◦ Freedom of Speech and Expression


 Article 19(1) of the Indian Constitution
 Article 19(2) provides the reasonable restrictions
◦ Right to Publish and Circulate
 Romesh Thappar v State of Madras (1950) have held the freedom
of circulation to be as essential as the freedom of publication.
 Sakal Papers v Union of India (1962) where the Supreme Court
stated that States cannot make laws which directly violate the
freedom of speech and expression guaranteed under the
Constitution.
◦ Sedition and the Right to Dissent
 Section 124-A of the Indian Penal Code, 1860

◦ Right to Receive Information


 Right to Information Act, 2005

◦ Right to Conduct Interviews


 State v Charulata Joshi (1999) the Supreme Court granted
permission to interview Babloo Srivastava in Tihar Jail
◦ Right to Report Court Proceedings
 Supreme Court case Naresh Shridhar v State of Maharashtra

(1967) clarified this further stating that Courts can hold “in
camera proceedings”, restricting access to the public and the
press, where the Court feels that justice would be defeated if
the case were to be tried in open Court.

◦ Right to Advertise
 The Supreme Court in Hindustan Times v State of UP (2003)

discussed the important role advertisements play in generating


revenue and how they have a direct impact on circulation, thus
reiterating the right to advertise in newspapers.
Media Trial
 "Today, the media has reincarnated itself into a public court. The
new media presumes guilt, and the victim must prove his or her
innocence.“, Sr. Adv. Kapil Sibal
 Meaning of Media Trial:
◦ Supreme Court of India, in Sidharth Vasisht v. NCT of Delhi (2010), states that The
media should perform the acts of journalism and not as a special agency for the
Court.

◦ Media trial is a process in which the media generally tends to conduct a separate
investigation and on building opinion against the accused put accusation on the
accused, even before the court could take cognizance of the case.
Laws regulating Media Trial
 Contempt of Courts Act 1971
◦ Right given under Article 19(1)(a), restricted under Article 19(2),
Article 129 and 215 of the Indian Constitution for contempt.
◦ Section 2 (c), it is stated that any publication which tries to
interfere with the administration of justice in any way, then it will
result in criminal contempt.
◦ D.C. Saxena v Chief Justice of India , the court propounded the
purpose of punishment for the Contempt of Courts Act, 1971
 Criminal Law:
◦ The Indian Penal Code under section 228A provides with
punishment for the publication against the women subjected to
crime u/s 376, 376A, 376B, 376C or 376D as imprisonment of
either description for a term which may extend to two years or
fine.
◦ The Juvenile Justice (Care and Protection) Act, 2015, under
section 74, provides punishment for the offence of publication
with respect to any child victim or child witness without the prior
permission of the board or committee as imprisonment for a term
which may extend to six months or fine which may extend to two
lakh rupees or both.
IMPACT OF MEDIA TRIAL ON
THE JUDICIAL PROCESS
 Manu Sharma v. State (NCT of Delhi)/ Jessica Lal Murder Case
(2010), In the following case, Jessica Lal was shot dead in a swishy
Delhi nightclub. Scores of witnesses pointed to Manu Sharma, son
of Vinod Sharma, an influential Congress leader from Haryana, but
were allegedly silenced, and Manu was acquitted by a trial court.
However later after the pressure of media the murderer was
sentenced to life. This case really sets an example as to what is the
actual power of investigative media and how its effort can turn the
case upside down.
 Sushant Singh Rajput Case, in this case the media was involved
beyond its power and tried to interfere with the judicial proceedings,
investigations and all. In this case the Bombay High court drew its
concern on the media trials, the press council of India stated that
the media should adhere to the norms of journalistic conduct in
covering cases under investigation and is advised not to carry out
its own "parallel trial“. Even after the warnings, the trial by the
media continued, and the matter was brought to the notice of the
National Broadcasting Authority (NBA), which imposed a fine of Rs 1
lakh for broadcasting fake tweets related to actors Sushant Singh
Rajput.54
Conclusion

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