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International Research Journal of Management Sociology & Humanities International Research Journal of Management Sociology & Humanities ISSN 2277 – 9809 (online) ISSN 2348 - 9359 (Print) An Internationally Indexed Peer Reviewed & Refereed Journal Shri Param Hans Education & Research Foundation Trust www.IRJMSH.com www.SPHERT.org Published by iSaRa Solutions IRJMSH Vol 5 Issue 6 [Year 2014] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) ROLE OF THE MEDIA IN REPORTING OF COURT PROCEEDINGS AND ITS IMPACT ON THE ADMINISTRATION OF JUSTICE NILANCHALA SETHY Senior Research Fellow, Mobile No.9861077284, E Mail Id [email protected] M.A. (Pol. Sc.) LL.M., NET Media, which is a way for communicating information from person to person, is a very important part of the modern society. The freedom of thought and expression, and the freedom of the press are not only valuable freedoms in themselves but are basic to a democratic form of Government which proceeds on the theory that problems of the Government can be solved by the free exchange of thought and by public discussion of the various issues facing the nation. Recognizing the importance of the dissemination of information and of the role of the press/media in the process, most countries including India, have accepted the freedom of speech and expression, which includes the freedom of the press/media as an important constitutional right. The freedom is guaranteed not only by the constitution of various countries but also by several international instruments, such as Universal Declaration of Human Rights 1948, European Convention on Human Rights and fundamental freedoms, International Covenant on Civil and Political Rights etc. In 1948 the United Nations adopted the Universal Declaration of Human Rights laying down certain freedoms for the mankind. Article 19 of the Declaration enunciates the most basic of these freedoms, thus “Everyone has the right to freedom of opinion and expression’, and the right includes the freedom to hold opinion without interference and to seek and receive and impart information and ideas through any media and regardless of frontiers”. After 1948, the United Nations developed more details on conditions for press freedom. These include the Convention on Freedom of Information as well as The Convention on the International Transmission of News and the Convention on the International Right of Correction. International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 234 www.irjmsh.com IRJMSH Vol 5 Issue 6 [Year 2014] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) In this way the United Nations played a leading role in formulating and implementing an international regime on press freedom. Importance of media in today’s world is evident from the fact that it has the power not only to influence the lives of ordinary people in every way but also the judiciary, politicians and criminals amongst others. Every year, May 3rd1 is celebrated as the World Press Freedom Day. Together with the freedom of the press and of the media, regulations curtailing or regulating it also has deep roots in national histories and culture. The Freedom of Press and Indian Media : United States of America and India, the two big democracies of the world have remarkably protected the right to freedom of speech and expression as well as the freedom of the press/media. The American constitution initially did not have any provisions directed to protection of freedom of speech and expression. It was inserted in the constitution vide first amendment of the constitution. A complex First Amendment jurisprudence has developed in USA, that varies the protection offered free speech according to form. Indian media which is more than two centuries old is among the oldest and largest media of the world. The history of the media in India began with the launching of various news journals during the second half of the 18th century with the starting of print media in 1780. It has been free and independent throughout most of its history, on the foundation of righteousness, openness, morality and spirituality. Media laws in India have a long history dating back to the early days of the British rule. The rules and regulations enacted were aimed at perpetuating British rule in India and at subduing dissent against the rulers. The laws enacted after independence aimed at benefitting society through recognizing press freedom. The United States and India almost have similar provisions in their Constitutions. In India, although, the Constitution does not expressly mention the liberty of the press, it is evident 1. May 3 was proclaimed as World Press Freedom Day by the UN General Assembly in 1993 following a Recommendation adopted at the twenty-sixth session of UNESCO's General Conference in 1991. International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 235 www.irjmsh.com IRJMSH Vol 5 Issue 6 [Year 2014] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) that the liberty of the press is included in the freedom of speech and expression under Article 19(1) (a). The freedom of the Press/media is not absolute. The media has to work within the framework of legal principles and statutes and is subject to the limitations under Article 19(2) in the interests of the public. In accordance with Article 19(2), this freedom 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.” In a democratic country like India, the judiciary plays very important role in protecting the people’s rights. The Supreme Court in India, while interpreting the scope of the constitutional provisions on the protection of freedom of speech and expression has held that it includes the freedom of the press. In Romesh Thappar v. State of Madras2, a case relating to the Cross road Newspaper; Brij Bhushan v. State of Delhi3, a case relating to the Organiser Newspaper and State of Bihar v. Sailabala Devi4, a case relating to the Bharati Press, the Supreme Court liberally interpreted the provisions relating to freedom of speech and expression and read into them the freedom of the press. In the famous case, Express Newspapers (Private) Ltd. v. Union of India5, Justice Bhagwati stated that “the fundamental right to the freedom of speech and expression enshrined in our constitution is based on (the provisions in) First Amendment of the Constitution of the United States and it would be therefore legitimate and proper to refer to those decisions of the Supreme Court of the United States of America in order to appreciate the true nature, scope and extent of this right in spite of the warning administered by this court against use of American and other cases.” Despite similarities in their constitutional provisions, the United States and India have their own unique jurisprudence on freedom of speech. Consequently, they differ as to what is and what is not acceptable free speech. 2. A.I.R 1950 SC 124 3. A.I.R 1950 SC 129 4. A.I.R 1950 SC 329 5. 1986 AIR 872, 1985 SCR Supp (3) 382. International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 236 www.irjmsh.com IRJMSH Vol 5 Issue 6 [Year 2014] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) There are many laws that regulate the performance of media in India. Many of the laws were enacted during the British Raj. In the post-Independence time, the various Governments have enacted many more media related laws. The Press Council of India has also laid guidelines for the regulation and prevention of the abuse of the freedom of speech and expression by the media. An important facet of the freedom of the press is the dissemination of information regarding judicial proceedings. In recent years, with the advent of cable television, local radio networks and the internet the reach and the enhancement of the impact of the mass media, the latter’s role in reporting of court proceedings is a subject of every day discussion in the circles of constitutional lawyers, judges and academics. ‘Trial by media’ is a phrase that is popularly used in the last few decades to describe the impact of television and print media coverage on a case by an attempt made by the media of holding the accused guilty even prior to his trial and regardless of any verdict in the court of law. The Madrid Principles on the Relationship between the Media and Judicial Independence (1994), which provided “minimum” standards of protection of the freedom of expression, and which may not be used to detract from existing higher standards of protection of the freedom of expression, accepts that freedom of the media, which is an integral part of freedom of expression, is essential in a democratic society. It is the responsibility of judges to recognize and give effect to freedom of the media by applying a basic presumption in their favour and by permitting only such restrictions on freedom of the media as are authorized by the International Covenant on Civil and Political Rights (“International Covenant”) and are specified in precise laws. The media have an obligation to respect the rights of individuals, protected by the International Covenant, and the independence of the judiciary. Administration of Justice and the Media : The term justice here does not mean justice in the abstract sense as a moral virtue of ideal but it means justice according to law, or in other words, enforcement of rights as they are defined by law. Administration of justice is one of the essential functions of the State. The law and order within the State is maintained through the administration of justice and the citizens are made to International Research Journal of Management Sociology & Humanity ( IRJMSH ) Page 237 www.irjmsh.com IRJMSH Vol 5 Issue 6 [Year 2014] ISSN 2277 – 9809 (0nline) 2348–9359 (Print) realize the existence and the importance of the State.
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