CONFLICT BETWEEN MEDIA TRIAL AND FAIR TRIAL

Abstract

Freedom of speech and expression is recognised as a fundamental right under the Indian constitution as well as many international laws. This right includes the freedom of press and media as unenumerated rights under Indian constitution, which empowers the media to disseminate information to the public. Media through investigative journalism, televised debate, panel discussion and newspaper articles informs the public about social, political and economic issues. The investigative journalism extends to reporting crimes also. However, sometimes these right crosses its boundaries and makes conflicts with others enumerated right. Sometimes this right portrays the person as guilty without any investigation, where law considered an individual innocent until proved as guilty. Such unjustified news changes perception of general public as a result they post their own opinion targeting the suspected person which affects his personal life as well as the fundamental rights like right to live with dignity and right to get fair and trial. The expansion of print, electronic, and social media in India has transformed the public sphere, strengthening democratic participation and transparency. While the judiciary recognises the essential role of a free press under Article 19(1)(a), it insists on maintaining boundaries that prevent interference with due process, the right to privacy, and the dignity of courts. However, the judiciary in this matter tries to balance between this competing rights. In light of the above discussion, this chapter seeks to explore the concept of media trial and its adverse effect on the right to a free and fair trial. Lastly examining the approach adopted by Indian courts in balancing these intersecting constitutional rights.

DOI - https://doi.org/10.65525/SVUP.9788199328655.2026.1-9