The document discusses the effect of media trials in society. It notes that media coverage can prejudice suspects and interfere with fair trials. While media has the right to free speech, reasonable restrictions are permitted to ensure fair administration of justice. The document examines issues like sold/paid media, conflicts of interest in media ownership, and the need to balance media freedom with ethical reporting. It summarizes the Law Commission's recommendations to regulate prejudicial media reporting during criminal investigations and trials.

1. EFFECT OF MEDIA TRIAL IN THE SOCIETY
PRESENTED BY
ABHINANDAN RAI
10TH SEM, B.B.A., LL.B.
Regd. No. 1141845020
SOA NATIONAL INSTITUTE OF
LAW, BHUBANESWAR

2. CONTENTS
• INTRODUCTION
• CONSTITUTION AND MEDIA TRIAL
• PROS AND CONS OF MEDIA TRIAL
• MEDIA TRIAL AND SOLD/PAID MEDIA
• MEDIA TRIAL AND ETHICS
• Law Commission 200th REPORT RECOMMENDATIONS.
• SUGGESTIONS
• CONCLUSION

3. INTRODUCTION
• There is today a 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 prejudicial impact on the
suspects, accused, witnesses and even Judges and in general, on the
administration of justice.
• According to our law, a suspect/accused is entitled to a fair procedure and
is presumed to be innocent till proved guilty in a Court of law. None can be
allowed to prejudge or prejudice his case by the time it goes to trial.
• Even during elections these media houses aired some shows that will
eventually solicit the public and affect there decisions whom to vote.
• So this emerges as a vice for the society which is having no boundary so
we need to restrict the power of media trial to influence the minds of
public.

4. MEDIA TRIAL AND CONSTITUTION OF INDIA
• 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’
in sec. 2 of the Contempt of Courts Act, 1971 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.
• in 1969, the Supreme Court held in A.K. Gopalan v. Noordeen 1969 (2) SCC 734
(15th Sept., 1969) that a publication made after ‘arrest’ of a person could be
contempt if it was prejudicial to the suspect or accused. This continues to be the law
as of today so far as Art. 19(1)(a), 19(2) and Art. 21 are concerned.

5. PANDIT JAWAHARLAL NEHRU ON MEDIA
• To my mind, the freedom of the Press is not just a slogan from the larger
point of view but it is an essential attribute of the democratic process. I have
no doubt that even if the government dislikes the liberties taken by the press
and considers them dangerous, it is wrong to interfere with the freedom of
the Press. By imposing restrictions you do not change anything; you merely
suppress the public manifestation of certain things, thereby causing the idea
and thought underlying them to spread further. Therefore, I would rather
have a completely free Press with all the dangers involved in the wrong use
of that freedom than a suppressed or regulated Press.
*(Speech at the Newspaper Editor’s Conference. 3/12/1950)

6. Lord Acton
“Power tends to corrupt and absolute power corrupts
absolutely.

7. SOLD MEDIA/ PAID MEDIA
• GENERAL V K SINGH SAID MANY MEDIA CHANNELS AND PRINT MEDIA IS
ACTING AS PRESSTITUTE. HE COINED THIS NEW TERM FOR SOLD OR PAID
MEDIA.
• Hindustan Times – Shobhna Bhartia, owner and editor-in-chief of Hindustan Times is
a Congress MP from Rajya Sabha.
• Venod Sharma HT Political Affairs editor, is essentially a Congress spokesman on all TV
panel discussions, because once his boss’ term gets over, he will be looking out for her RS seat
next
• Barkha Dutt and Vir Sanghvi, famous Congress stooges (and intermediaries for UPA allies)
who were exposed in the Radia-tape scandal, and are virtual Congress spokespersons in their
capacities as electronic media personalities, are the ones who write opinion and op-
ed columns most frequently (once every week) on the editorial pages of HT. In return, Barkha
and Sanghvi are rewarded with Padma Shris and other monetary compensation by the Nehru
dynasty or Congress party.

8. • NDTV’s promoters are Prannoy Roy and Radhika Roy. Radhika’s sister Brinda
Karat is a famous CPM leader (well known for anti-Baba Ramdev views) and
Brinda’s husband Prakash Karat is the CPM Politburo General Secretary (well
known for preferring Congress over BJP). And Prannoy Roy’s first cousin is the
famous far-leftist pro-Maoist-Naxalite pro-Kashmiri-terrorists “intellectual”
Arundhati Suzanna Roy.
• NDTV’s Sonia Singh is the wife of Uttar Pradesh Congress MP, Union minister
and ex-princely state ruler, Mr. R. P. N. Singh.
• NDTV’s Nidhi Razdan current girlfriend of J&K CM Omar Abdullah Nidhi
Razdan is also famous for her legendary pro-Congress and anti-BJP bias.
• Even what about little known News24 Hindi media channel? Owned by ex-
journalist and editor Rajiv Shukla, famous Congress MP in Rajya Sabha, Union
minister, industrialist, BCCI vice president and IPL chairman.

9. • 7. Hindustan Times — Karan Thapar What you may not know is that
the Nehru family itself is related, through blood and marriages, to the high-
profile Thapar family. India’s Army chief during the 1962 debacle against
China, Gen. P. N. Thapar, is brother-in-law of Nayantara Sehgal, the
daughter of Vijaylakshmi Pandit and niece of Jawaharlal Nehru. Gen.
Thapar’s son is pro-Congress journalist Karan Thapar.
• 8. The HIndu – The Worst – N. Ram, owner and editor-in-chief (till
February 2012) of The Hindu, was once a vice president of the Students
Federation of India. SFI is the students’ wing of the CPM.
9. P. Sainath of the The Hindu (acclaimed journalist well known for
his, again, unsurprisingly, typical left-wing Nehruvian communism
ideology), is the nephew of Congress politician V. Shankar Giri .

10. • IBN Lokmat that is Marathi newspaper (and channel) in Maharashtra? Owner and editors-in-
chief are the brothers Vijay Darda (Congress MP) and Rajendra Darda (Congress MLA in
Maharashtra,and minister in state govt).
• Times Of India, Mid-Day, Nav-Bharat Times, Stardust, Femina, Vijay Times, Vijaya
Karnataka, Times Now (24- hour news channel) and many more...
Times Group is owned by Bennet & Coleman. 'World Christian Council' does 80 percent of
the Funding, and an Englishman and an Italian equally share balance 20percent.The Italian
Robertio Mindo is a close relativeof Sonia Gandhi.
• Star TV: It is run by an Australian,who is supported bySt. Peters PontificalChurch
Melbourne.
• Hindustan Times: Owned by Birla Group, but hands have changed since Shobana Bhartiya
took over. Presently it is working in Collaboration with Times Group.Congress MP from
Rajya Sabha.

11. • The Hindu: English daily, started over 125 years has been recently taken over by Joshua
Society, Berne , Switzerland .. N. Ram's wife is a Swiss national.
Indian Express: Divided into two groups.
The Indian Express and new Indian Express (southern edition) ACTS Christian Ministries
have major stake in the Indian Express and latter is still with the Indian counterpart.
Eeenadu: Still to date controlled by an Indian named Ramoji Rao. Ramoji Rao is
connected with film industry and owns a huge studio in Andhra Pradesh.
Andhra Jyothi: The Muslim party of Hyderabad known as MIM along with a
Congress Minister has purchased this Telugu daily very recently.
The Statesman: It is controlled by Communist Party of India.
Kairali TV: It is controlled by Communist party of India (Marxist)
Mathrubhoomi: Leaders of Muslim League and Communist leaders have major
investment.

12. • Apart from that zee news and sudarshan news have BJP backing.
• SUN tv network owner Kalanidhi Maran is having family relations
with DMK leader Karunanidhi.
• Now in Augustawestland scam it is alleged that Indian media was paid
50 crores not to report on this and protect the congress as well as the
italian dealers who gave the bribe.
• Social media is also playing a great role in prejudice the minds of
public.

13. Journalism and Ethics
• The observations of Mr. Andrew Belsey in his article ‘Journalism and
Ethics, can they co-exist’ (published in Media Ethics : A Philosophical
Approach, edited by Mathew Kieran) quoted by the Delhi High Court in
Mother Dairy Foods & Processing Ltd v. Zee Telefilms (IA 8185/2003 in
Suit No. 1543/2003 dated 24.1.2005) 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’.
• But now what is happening in the temptation to sell stories, what is
presented is, what ‘public is interested in’ rather than ‘what is in public
interest’.

14. PROS AND CONS OF MEDIA TRIAL
• In Ishrat Jahan fake encounter Case the media is trying hard to affect the
decision of Court but failed to do so.
• 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.
• Even in Pratyusha Banerjee Murder case, Arushi Murder case the media
sensationalize the facts and evidences.

15. RECOMMENDATIONS BY LAW COMMISSION
• 200TH REPORT OF LAW COMMISSION OF INDIA ON MEDIA
TRIAL:
• 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.
• They have also recommended that journalists need to be trained in
certain aspects of law relating to freedom of speech in Art. 9(1)(a)
and the restrictions which are permissible under Art. 19(2) of the
Constitution, human rights, law of defamation and contempt. We
have also suggested that these subjects be included in the syllabus for
journalism and special diploma or degree courses on journalism and
law be started.

16. MY SUGGESTIONS
• NO PERSON BELONG TO ANY POLITICAL PARTY SHOULD HAVE
ANY STAKE IN MEDIA HOUSES OR BECOME THE SHAREHOLDER
AND THE EDITOR OR ANCHOR
• NO MEDIA HOUSE SHOULD GET FOREIGN FUNDINGS MORE
THAN 49% IN ANY MEDIA HOUSE IN INDIA.
• NEWS CHANNELS MUST CONCENTRATE ONNEWS REPORTING
RATHER DISCUSSING THE MATTER UNNECESSARILY.
• IN SOCIAL MEDIA IF ANY ONE SPREADS WRONG NEWS THEY
MUST BE PUNISHED.

17. CONCLUSION
• Though media act as a watchdog and act as a platform to
bring people voice to the notice of society and legislatures.
But now days media is so much sensationalized and they just
do for their salaries and TRP’s. there are few reporters those
showing only those news for what they have been paid by
political parties. 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.