Introduction

This is an age of media trial where the trial of any criminal act having nationwide ramifications starts before the police officials take it over for criminal investigation. This is done mainly by social media which is all-pervading in the modern times. The Electronic media, including social media have revolutionized the news broadcast process in the world. With the help of the internet, the news can be flashed to millions of viewers globally within seconds. That is reflective of the real power of the media as its distant outreach helps in forming instant opinion in regard to any matter of public importance. Keeping in view the potential interest of the public, the media steps in without delay and starts digging and unearthing the evidence from ground zero. Media further starts projecting these evidences on various visual and virtual mediums such as television, web channels etc. In a bid to outshine other channels in the race, the media sensationalizes the matter-in-issue which in turn arouses public curiosity suddenly. This rat race among the media channels or houses impacts adversely the process of law. It creates a false or unverified mindset among the viewers. Public at large believes what these media channels dish out on a daily basis. Consequently, the law enforcing agencies like police in particular, are often influenced by the virtual reporting of these channels. Though there is no bar to cover the incidents of public interest and to gather evidence independent of police, it should not augur what is generally known as a media trial. In the Indian judicial system, the trial of any criminal and civil act can only be initiated and carried out in the courts of law. No other agency is empowered to do the same. However, the media broadcast results in stamping a person or body as guilty in the minds of the viewers prior to any judicial trial. That is most disastrous for the smooth and effective functioning of the judicial system.

In India, there is no effective system to control the so-called media trial. Unlike the print media where there are bodies like the Press Council and others, no such regulatory body exists in the case of electronic media. However, in the year 2021, the central government introduced The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. It has introduced certain controls on the liberties taken by the media in the name of freedom of speech and expression expressed in the fundamental rights chapter of the Indian Constitution under Article 19(1) (A). But this freedom is not absolute and is subject to certain reasonable restrictions.

Some Prominent Indian Examples of Media Trial

The ill-famous Nirbhaya case of 2012, the Aarushi case and Nithari case trial of Gautam Buddha Nagar, Uttar Pradesh In the last decade, and the still unresolved Sushant Singh Rajput case are a few landmark cases of recent times where the media played the role of investigator and the judge also. Due to extraordinary efforts made by the Delhi Police, the Nirbhaya case was solved within time and the culprits were brought to books by the Court. However, the result has not been the same in the latter cases. The most horrifying result came out to be in the Nithari case where nobody could be found guilty of murdering several innocent children. Sushat Rajputs' case is still pending investigation of the Central Bureau of Investigation (CBI). The Aarushi case is facing the same problem as no concrete evidence could be found and put up before the court in order to prove the case without any doubt. However, in all these cases, the media trial took place non-stop for months together holding specified persons as guilty of the murder charges. In the process, the so-called accused persons had to face the situation of even social ostracization. In any country ruled by law, a person can be held guilty of an offence only by the Court after following due process of law. Till then, he is deemed to be innocent. But our national media not only played the criminal act on the screen with impunity in lurid colours. In the wild race of television rating points (TRPs), all kinds of restraints were thrown into the wind. The worst part being none of their foregone conclusions could be substantiated by the investigation agencies before the court. Barring the Nirbhaya case, no case has been finally concluded in the court even after the incident long ago.

Why Can't the Controls Be Exercised on Social Media?

As a structural reality, no institution of 'editorial team' exists on any social media platforms. Anybody can post his views on any subject freely without undergoing any kind of scrutiny. This is the case with the social media platforms' official team responsible for presenting the news and features relating to any event or incident. Thus, in absence of any oversight worth the name, all kinds of trash are dished out to the viewers in the name of freedom of speech and expression which is a fundamental right under the Indian Constitution. The tragedy is that mostly the viewers believe it and form their opinions as per the channels' presentations. This is not healthy for the robust growth of democracy in India.

What is Required?

There is no doubt about the fact that the role of criminal investigation has been assigned to the police and other agencies like the CBI and the NIA (National Investigation Agency). No other person or agency can do it under the law. Hence, the basic requirement is to help the police investigation by providing any piece of evidence by a person or television channel or a social media platform. Only an investigation agency can properly evaluate that piece of evidence and can use it appropriately. Contrarily, the constant exposure of that piece of evidence might help the culprit in preparing his defence.

Conclusion

Media trial has become a new normal for the Indian viewers of social media which is in the least, objective in approach. The main reason for resorting to this kind of harmful content is to increase the popularity of the media platforms who take the defence of the fundamental right to freedom of speech and expression under the Indian Constitution. But no freedom can be absolute and there are reasonable restrictions enshrined along with the freedom of speech and expression. That implies that the said freedom is exercisable only within the periphery of reasonable restrictions. Otherwise, it could be challenged in the court of law. In the year 2021, the Central Government has brought in the Digital Media Ethics Code Rules in an attempt to control the situation. However, it does not contain any direct provision to check the menace. In this regard, the best way out is to exercise self-restraint by the social media platforms' executives and the channels' heads. Law can not be the only effective solution. Media trial is doing more harm than good from the point of view of viewers. 

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