This document summarizes a research paper on the role of media in dispensation of justice in India. It discusses how media coverage can expedite justice and prevent abuse of legal processes by powerful individuals. It analyzes several high-profile cases and how media coverage impacted the speed and outcome of trials. However, it also notes gaps like a lack of regulation for private news channels and biases in what receives extensive coverage. Suggestions include strengthening press regulation and establishing an independent media oversight body.
Isha Suri - Dissertation - Role of Media in Dispensation of Justice - RGSOIPL...Isha Suri
The document is a dissertation submitted to the Indian Institute of Technology, Kharagpur examining the role of media in dispensation of justice in India. It explores how media coverage has impacted high-profile criminal cases over the past 24 years, analyzing newspaper archives and television reports. The dissertation finds that widespread media coverage keeps incidents in public memory and shapes opinion, but media conglomerates also manipulate reports to further business interests. It suggests that self-regulation and an independent regulatory authority are needed to ensure ethical, unbiased reporting and support democracy.
Trial by media refers to when media coverage negatively impacts a person's reputation by creating a widespread perception of guilt regardless of the court's verdict. Media often conducts its own investigation and builds public opinion against the accused before the court case. This prejudices the public and sometimes judges, presuming the accused is guilty without due process. While freedom of speech is important, media coverage should not interfere with fair trials or violate individuals' rights.
This document summarizes the legal norms governing media trials in India. It discusses how the freedom of press is protected under Article 19 of the Indian Constitution but is also subject to reasonable restrictions. It outlines how the Contempt of Court Act protects pre-trial media coverage from contempt charges as long as it does not interfere with pending legal proceedings. However, extensive media coverage can still impact the fairness of trials and influence public perceptions of guilt. The document analyzes these issues through examples like the Arushi Talwar and Afzal Guru cases to argue that media trials can undermine the judicial process rather than support democracy.
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.
The document discusses several cases where Indian media has crossed boundaries and conducted their own trials through investigative reporting and sting operations. This includes exposing security lapses in Parliament, telecasting pornographic content, and making accusations against individuals without trials. While the media has an important role to play, some of their actions have disrupted investigations and trials. There are ongoing legal and ethical questions around the limits of media investigations and trials.
This document discusses media ethics and provides three case studies to illustrate important issues. It first defines media ethics and outlines three key areas: ethics of journalism, entertainment media, and media and democracy. It then analyzes three Indian cases involving alleged news manipulation at Zee TV, unbalanced coverage of medical malpractice on Satyamev Jayate, and invasion of privacy on a Zee TV reality show. The document concludes that mass media influences society greatly and should respect privacy while balancing the right to know with fair treatment of individuals.
The document summarizes three articles about the importance of free speech:
1) The first article argues that media should not be regulated and journalists should be able to freely share information to keep governments and societies transparent.
2) The second article discusses how lack of free speech in China has led to problems and debates, as censorship prevents people from understanding judicial cases.
3) The third article talks about how Google promotes free speech by allowing access to censored information in some countries, helping people discover perspectives they would otherwise not see.
Overall, the document concludes that free speech plays a crucial role in democratic societies by empowering citizens and promoting transparency of governments and institutions.
Isha Suri - Dissertation - Role of Media in Dispensation of Justice - RGSOIPL...Isha Suri
The document is a dissertation submitted to the Indian Institute of Technology, Kharagpur examining the role of media in dispensation of justice in India. It explores how media coverage has impacted high-profile criminal cases over the past 24 years, analyzing newspaper archives and television reports. The dissertation finds that widespread media coverage keeps incidents in public memory and shapes opinion, but media conglomerates also manipulate reports to further business interests. It suggests that self-regulation and an independent regulatory authority are needed to ensure ethical, unbiased reporting and support democracy.
Trial by media refers to when media coverage negatively impacts a person's reputation by creating a widespread perception of guilt regardless of the court's verdict. Media often conducts its own investigation and builds public opinion against the accused before the court case. This prejudices the public and sometimes judges, presuming the accused is guilty without due process. While freedom of speech is important, media coverage should not interfere with fair trials or violate individuals' rights.
This document summarizes the legal norms governing media trials in India. It discusses how the freedom of press is protected under Article 19 of the Indian Constitution but is also subject to reasonable restrictions. It outlines how the Contempt of Court Act protects pre-trial media coverage from contempt charges as long as it does not interfere with pending legal proceedings. However, extensive media coverage can still impact the fairness of trials and influence public perceptions of guilt. The document analyzes these issues through examples like the Arushi Talwar and Afzal Guru cases to argue that media trials can undermine the judicial process rather than support democracy.
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.
The document discusses several cases where Indian media has crossed boundaries and conducted their own trials through investigative reporting and sting operations. This includes exposing security lapses in Parliament, telecasting pornographic content, and making accusations against individuals without trials. While the media has an important role to play, some of their actions have disrupted investigations and trials. There are ongoing legal and ethical questions around the limits of media investigations and trials.
This document discusses media ethics and provides three case studies to illustrate important issues. It first defines media ethics and outlines three key areas: ethics of journalism, entertainment media, and media and democracy. It then analyzes three Indian cases involving alleged news manipulation at Zee TV, unbalanced coverage of medical malpractice on Satyamev Jayate, and invasion of privacy on a Zee TV reality show. The document concludes that mass media influences society greatly and should respect privacy while balancing the right to know with fair treatment of individuals.
The document summarizes three articles about the importance of free speech:
1) The first article argues that media should not be regulated and journalists should be able to freely share information to keep governments and societies transparent.
2) The second article discusses how lack of free speech in China has led to problems and debates, as censorship prevents people from understanding judicial cases.
3) The third article talks about how Google promotes free speech by allowing access to censored information in some countries, helping people discover perspectives they would otherwise not see.
Overall, the document concludes that free speech plays a crucial role in democratic societies by empowering citizens and promoting transparency of governments and institutions.
This document provides an update on media killings in the Philippines and the Ampatuan massacre case. [1] 146 journalists have been killed since 1986, with 145 being targeted killings. [2] Only 10 cases have resulted in court convictions, while none of the masterminds have been convicted. [3] Under President Aquino, 5 work-related journalist killings have occurred, while 15 media cases remain active in court.
This document discusses the objectives of analyzing the conflict between press freedom and fair trial rights, with a focus on the doctrine of presumption of innocence. It aims to examine laws in the UK governing media publications, evaluate the current situation in Bangladesh, and identify loopholes. The document provides background on media influence on crime perception and judicial systems. It outlines protections for free speech and fair trials in UK law, and recent cases of juror misconduct due to social media use. It notes Bangladesh law asserts these rights generally but lacks extensive guidelines, monitoring, or remedies related to media influences on trials.
The committee was formed by Justice On Trial to investigate the Kandhamal district violence in Orissa that occurred around Christmas 2007. The committee traveled to Kandhamal district to console victims, understand the steps taken by the state government, determine the root causes of the incident, and suggest ways to prevent future occurrences. The committee met with numerous individuals involved on both sides, including victims, local leaders, and government representatives. The committee found differing accounts and aims to establish an impartial understanding of what transpired in Kandhamal district. This report summarizes the committee's activities and findings to date as they continue their investigation.
This document provides an overview of key concepts related to generating story ideas, news values, confidentiality, and the tension between free press and fair trials in criminal cases. It discusses various techniques for coming up with story ideas, the main news values that determine newsworthiness, issues around protecting confidential sources, and remedies courts have used to try ensuring fair trials in highly publicized cases.
The Inquiry Commission was constituted by the Citizens' Tribunal on Ayodhya to investigate the events leading up to and following the demolition of the Babri Masjid in Ayodhya on December 6, 1992. The Commission visited Ayodhya and Faizabad in February 1993 to record testimonies and collect evidence. However, it faced difficulties in obtaining full cooperation from the state and central governments. While it was able to interview some local residents and collect unpublished materials, many key witnesses refused to testify publicly due to fears of communal retaliation. The Commission submitted its report to the Citizens' Tribunal.
This document discusses goals and approaches to transitional justice in countries transitioning from conflict or authoritarian rule to democracy. The goals of transitional justice include ending human rights abuses, establishing the rule of law, investigating past crimes, and promoting reconciliation. Common transitional justice mechanisms discussed include prosecutions, truth commissions, victim reparations, institutional reforms, vetting of public officials, and demobilizing conflict groups. The document also examines legal issues and provides examples of transitional justice approaches used in countries such as South Africa, Chile, Argentina, Cambodia, and Sierra Leone.
This document discusses various aspects of human trafficking including causes, types, impacts, legal provisions, prevention, protection, and prosecution efforts. It provides recommendations to strengthen the criminal justice system response and protect victims, such as establishing victim support centers, sensitizing various stakeholders, and ensuring deterrent punishment of traffickers. The document advocates for a holistic, coordinated approach involving multiple stakeholders to effectively address human trafficking.
The document discusses social control of media after the 2010 Chilean earthquake. It finds that media coverage of lootings increased fear and chaos. This influenced approval of military intervention and curfews. Journalists emphasized criminal acts over disaster impacts. While media provided needed information, it also exaggerated threats and unrest. This social control was possible due to media being the main information source, lack of authorities, and public fear and insecurity after the disaster.
This document is a student project on the topic of "Trial by Media" in India. It includes an introduction, overview, objectives, and 6 case studies analyzing different examples of media trials in India. Some of the key points made are:
1) Media trials can negatively impact the judiciary by prejudging defendants and influencing public perception of guilt/innocence.
2) However, media coverage can also sometimes have positive effects, like in the Ayodhya dispute case which was widely debated.
3) The document analyzes several high-profile cases in India that received extensive media coverage, like those involving Sanjay Dutt, Sushant Singh Rajput, and Shilpa Shetty's
This document discusses governance challenges in the Pacific region. It notes that the region embraces principles of good governance like democracy, human rights, and the rule of law. However, governance is being challenged through attacks on democracy, diluting of rights, and undermining the rule of law. Specifically, there have been issues with executives encroaching on the power of legislatures. Some leaders have also called for more control of social media and making anonymous defamatory statements an offense. The document emphasizes that upholding the rule of law requires it to apply to all equally and with due process. Overall, political will still needs to be strengthened to address these governance challenges facing the Pacific.
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The principle laid down in the Best Bakery case judgement - ordering retrial and re-investigation in the cases in which all the accused had already been acquitted - would guide future cases wherever injustice was done. The apex court performed its raj dharma in protecting victims and witnesses in the worst-ever case against humanity.
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This document contains the table of contents for a report on gender justice in India. It outlines 27 chapters and 11 appendices covering topics like constitutionalism, rape, sexual harassment, child sexual abuse, and recommendations. It also includes prefaces, acknowledgements, and lists of contributors who assisted with research and input for the report. The report appears to be the product of a committee convened in response to a high-profile gang rape case in India and aims to analyze issues related to women's safety and gender equality.
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This document summarizes the key human rights issues in India based on a stakeholder consultation with 192 civil society organizations. It finds that impunity is the root cause of human rights violations in India. Police and security forces regularly violate rights to life through custodial deaths, encounter killings, and excessive use of force. Armed conflicts have led to derogation of rights in many states. Vulnerable groups like women, Dalits, indigenous peoples, religious minorities, and refugees face numerous rights violations. The judiciary is weakened and human rights defenders face attacks. Overall, there is a lack of accountability for massive human rights violations.
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Isha Suri - Presentation - Role of Media in Dispensation of Justice - RGSOIPL, IIT Kharagpur
1. Role of Media in Dispensation of Justice
Isha Suri
11IP60023
Rajiv Gandhi School of Intellectual Property Law
Indian Institute of Technology, Kharagpur
May 2014
Under the Supervision of
Prof. Dipa Dube
“Where the press is free and every man able to read, all is safe.” - Thomas Jefferson
2. Presentation Outline
Motivation
Methodology
Media and its Role in Society
Media and Its Impact
Laws Governing Indian Media
Cases
Gaps in the Existing System
Factors Affecting Newsworthiness
Suggestions
3. Motivation
• Lack of studies portraying the positive role of media.
– Prevent abuse of the legal machinery by the upper echelons of the
society.
– Expedite dispensation of justice through widespread coverage.
• Importance of an unfettered press.
Censorship by Eric Drooker
Available at: http://www.drooker.com/drawings.html
Ed Stein, Rocky Mountain News, Denver, December 13, 2008
Available at: http://blogs.rockymountainnews.com/stein/2008/12/crumbling.html
4. Methodology
• Doctrinal Study
• Critical Analysis of Criminal Cases since 1990:
– Widely Reported in Media.
– Decided by the Indian Courts.
• Impact of Media Coverage on the Judgment.
• Sources of Data
– Print Media
• News Archives of two leading national dailies*
– Broadcast Media
* Indian Readership Survey (IRS), Media Research Users Council (MRUC).
Available at: http://mruc.net/irs2012q4_topline_findings.pdf.
5. Mass Media
• Touted as the Fourth Pillar of Democracy
• Mass Media
– Transmits Information to a large number of people.
• Believed to be distinct from Interpersonal communication:
– Distance
– Technology
– Scale
– Commodity
• The Digital Age has rendered this distinction obsolete.
6. A Modern News Room
The Public an active participant in Information Dissemination and Distribution
A Traditional News Room
Strict Distinction between the News Producers and the Consumers
7. Role of Media in Society
• Touted as the Fourth Pillar of Democracy
• Mass Media
– Transmits Information to a large number of people.
• Believed to be distinct from Interpersonal
communication:
– Distance
– Technology
– Scale
– Commodity
• The Digital Age has rendered this distinction
obsolete.
8. Media and Its Impact on Society
• Constant Source of Information, Education, and
Entertainment.
• Affects all aspects of an individual’s life.
• Role of Media*
– Credible Informational
– Critical Investigative Adversarial
• Impacts the following spheres of life:
– Public Education
– Forum for Discourse
– Agenda Building
* Role of Media - Past Time Function
9. Laws Governing Indian Media
• Obscenity
– Indian Penal Code – Section 292.
• Sedition and Censorship
– Indian Penal Code – Sections 124A, 153A, 153B, and 295A.
– Code of Criminal Procedure – Section 95.
• Contempt of Court
– Contempt of Courts Act – Sections 2(b) and 2(c).
– The Constitution of India – Article 129 and Article 215.
• Defamation
– Indian Penal Code – Sections 499 and 500.
• Disclosure of Sources
– Press Council Act – Section 15.
• Parliamentary Privilege
– The Constitution of India – Article 105 and Article 194
10. Cases
Shakti Mills Gang-Rape Case
• Year – 2013
• Offence – Gang-Rape
• Media Coverage:
– Immediate
– Adequate Follow-up
• Decision Time:
– 7 months
• Remarks:
– Encouraged the previous victim
to come forward.
– Ensured speedy trial.
Nirbhaya / Delhi Gang Rape Case
• Year – 2012
• Offence – Rape, Murder
• Media Coverage:
– Immediate
– Regular Follow-up
• Decision Time:
– 9 months – Trial Court
– 15 months – High Court
• Remarks:
– Shook collective conscience of
the public at large.
– Witnessed extreme reactions
from the masses.
– Regular coverage ensured the
awakening did not die a natural
death.
11. R.K. Anand v Registrar
Delhi High Court
• Year – 2007
• Offence – Criminal Misconduct
• Media Coverage:
– Sting Operation that showed collusion
between prosecution and defense
lawyers.
– Only court proceedings were reported.
• Decision Time:
– 2 years and 2 months
• Remarks:
– Not necessary for a media outlet to
seek prior permission to undertake
sting operation.
– The Apex Court remarked that this
sting operation was more likely to
assist the functioning of trial.
Surendra Koli v. State of UP
(Nithari Killings)
• Year – 2005
• Offence – Rape, Murder
• Media Coverage:
– Incident first reported in 2006.
– Regular Follow-ups till the verdict of
the case.
• Decision Time:
– 3 years 2 months – Trial Court
– 3 years 9 months – High Court
– 5 years 2 months – Supreme Court
• Remarks:
– Displays that a responsible media is
crucial to ensure justice to the
marginalized.
Cases
12. Sajal Sureshkumar Jain v. State of
Gujarat (Bijal Joshi Rape Case)
• Year – 2003
• Offence – Gang-Rape
• Media Coverage:
– Picked up after the victim
committed suicide.
– Provided adequate updates.
• Decision Time:
– 4 years 5 months – Trial Court
– 8 years – High Court
• Remarks:
– Prevented influential accused to
abuse the legal machinery.
– In this case timely media
intervention ensured that the
police could not hush up the
entire matter.
State v. Vikas Yadav and Vishal Yadav
(Nitish Katara Murder)
• Year – 2002
• Offence – Murder
• Media Coverage:
– Highlighted the issue in 2006
– Regular Follow-up
• Decision Time:
– 6 years – Trial Court
– 12 years – High Court
• Remarks:
– Media played a crucial role in
obtaining testimony of the key
prosecution witness.
– Media brought to light the fact
that accused were granted bail
66 times.
Cases
13. State v. Sidhartha Vashisht And Ors.
(Jessica Lal Murder Case)
• Year – 1999
• Offence – Murder
• Media Coverage:
– Immediate; however became
sporadic soon after.
– Heightened in 2006 when all the
accused were acquitted.
• Decision Time:
– 7 years 7 months – High Court.
– 11 years – Supreme Court
• Remarks:
– Intervention ensured that the guilty
were brought to book.
Sushil Ansal v. State through CBI
(Uphaar Tragedy)
• Year – 1997
• Offence – Causing death by
negligence.
• Media Coverage:
– Immediate
– Regular Follow-up
• Decision Time:
– 10 years 5 months – Trial Court
– 11 years 6 months – High Court
– 16 years 9 months – Supreme Court
• Remarks:
– Through this judgment it is now
possible to hold directors liable for
criminal negligence.
Cases
14. Santosh Kumar Singh v. State
through CBI
• Year – 1996
• Offence –Rape and Murder
• Media Coverage:
– Post the acquittal of the accused in
2006.
– Adequate follow ups.
• Decision Time:
– 4 years – Trial Court
– 10 years 9 months – High Court.
– 14 years 9 months – Supreme Court
• Remarks:
– Media intervention expedited the
procedure and ensured that the
guilty were convicted.
Harshad Mehta Case
• Year – 1992
• Offence – Misappropriation of
funds.
• Media Coverage:
– In this particular case the scam was
exposed by Ms. Sucheta Dalal, who
was a financial journalist with Times
of India at that point in time.
• Decision Time:
– 7 years 7 months– High Court
– 11 years – Supreme Court
• Remarks:
– Media highlighted Harshad Mehta’s
malpractices and loopholes in the
Bombay Stock Exchange.
Cases
15. S.P.S. Rathore v. C.B.I. New Delhi
(Ruchika Gehrotra Case)
• Year – 1990
• Offence – Molestation
• Media Coverage:
– Highlighted the incident only after
Dec 2009 when the accused was
given a punishment for only 6
months.
• Decision Time:
– 19 years and 4 months – Trial Court
– 19 years and 9 months – CBI Court
• Remarks:
– In order to punish influential people
it is imperative to have media play
the role of a watchdog.
Other Cases
• Lingaram Kodopi v. State of
Chattisgarh.
• Ashok Kumar Todi v. Kishwar
Jahan (Rizwanur Rahman case).
• Mr. Tarun Tejpal v State of Goa.
• Saint Shri Asharam Bapu v. Union
of India.
Cases
16. Gaps in the Existing System
• Increase in Private Ownership
• Private Treaties
• Multi-Channel Private Television
– Lack of Regulatory Framework
• Newsworthiness
– Intense Media Coverage only to ‘Ideal Victims’
– Also dependent on drama, action, immediacy, violence, celebrities,
and sex.
Matt Wuerker
Available at: http://www.theeditorialcartoons.com/
17. Factors Affecting Newsworthiness
Galtung and Ruge (1965) Chibnall (1977) Jewkes (2004)
Threshold (Importance) - Threshold (Importance)
Unexpectedness (Novelty) Novelty (unexpectedness) -
Negativity
(Violent, Harmful, Deviant, Sad)
- -
Unambiguous
(Clear and Definite)
Simplification
(Removing Shades of Grey)
Simplification
(Removing Shades of Grey)
- Dramatization (Action) -
Frequency
(Timescale, Fit within News Cycle)
Immediacy
(Present Fit within News Cycle)
-
Elite Centricity (powerful or famous
nations or people)
Personalization
(Notable Individuals, Celebrities)
-
-
Structured Access
(Experts, Officials, Authority)
-
Composition
(Balance, Fit with Other News)
- -
Personification
(Individual Focus or Causality)
Individual Pathology
(Individual Causality)
Individualism
(Individual Focus or Causality)
- Children (young people)
Continuity (sustainability) - -
- Graphic presentation Spectacle or Graphic Imagery
- Visible/spectacular acts -
Meaningfulness
(Spatial and Cultural Relevance)
-
Proximity
(Spatial and Cultural Relevance)
Consonance (fit with existing
knowledge and expectations)
Conventionalism
(Hegemonic Ideology)
Predictability (Expectedness)
Titillation (expose, scandal) -
Risk (Lasting Danger)
- Sexual/ Political Connotations Sex
- Deterrence and Repression
Conservative Ideology or Political
Diversion (Deterrence, Distraction from
Wide problems)
18. Suggestions
• Mandatory Disclosure of Equity Shares owned by
Media Houses.
• Self-Regulation – Fair and Objective Journalism.
• Press Council of India
– power to receive complaints and grievances against
broadcast media.
– penalizing powers.
• Independent Regulatory Authority
– A one stop shop for adjudicating complaints against all
news media.
19. “When the conspiracy of lies surrounding me demands of me
to silence the one word of truth given to me, that word
becomes the one word I wish to utter above all others.”
- Andre P. Brink
Questions | Comments | Suggestions