Balancing Free Press And Free Trials: Role Of Press In Judicial Proceedings

Abstract

The media wields significant influence in society. The power of this provision is derived from Article 19(1) of the Constitution, which ensures the fundamental rights of freedom of expression and speech. The responsibility to exercise this privilege prudently is essential, as it serves as the fourth fundamental institution of the state. The weight of this responsibility increases as it possesses the ability to influence public opinion and alter individuals' perception of the justice system. When examining media intervention, we may observe that the issue of unrestrained utilisation of this freedom also affects court proceedings. During the moment of arrest, the media is quick to proclaim the accused as guilty, even in the absence of evidence, and disregarding the principle of presumption of innocence. Therefore, it is imperative to impose acceptable limitations on the media to prevent them from excessively exercising their freedom of speech, and to ensure that they do not exceed their lawful authority. This study aims to thoroughly analyse the function of media in judicial procedures and also to scrutinise the media's excessive interference in subjudice situations.