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In the contemporary era of India, the ill-famed interactions between criminal justice and media have been at the centre of controversy, symbolizing the success and failure of society. Media are a highly influential force with the power to change people's attitudes, alter judicial practice, and decide the morality of society. In this article, we are going to demystify the relationship between criminal justice and media in India, talking about their role and implication towards justice and truth. Having such pertinent matters in mind as sensationalism, the role of social media, moral responsibility, and the pursuit of justice, we will look into the profound influence which this nexus casts over people and society.
Mass media have a critical role to play in informing the public about justice and crime as an intermediary information source and forum of discussion. Media coverage of criminal trials can have the power to frame the overall image, causing society either to alter or reinforce stereotypes.
Mass media are a principal source of information about criminality and legal reaction. It is also required for foregrounding issues such as violence against women, corruption, and institutionally embedded oppression. For instance, extensive media coverage of the Nirbhaya gang rape incident in 2012 filled not only the national headlines but also resulted in large-scale protests, which ultimately contributed to successful legal reforms. The ability of the media to cause attitude change through education can precipitate people's demands for justice and accountability. As described by the veteran journalist and writer Raghav Bahl,
"The media is the mirror of society, and society is often unaware of its reflection."
The reflection will certainly be educative and unsettling.
Crime is covered by the media, which evokes popular outrage and mobilizes citizens to demand justice. Salacious reporting of horrific crime will trigger emotive reactions and calls for action in large numbers. But it will also produce a condition of "trial by media," under which public opinion is manufactured before judicial procedure. An example of this would be the Aarushi Talwar murder, and the courts under pressure from the media, and ultimately contributing to determining guilt or innocence in the popular imagination. It then places on it the moral responsibility that such influence carries.
Trial by Media has been the catch phrase in India, and the media assuming a role previously the exclusive domain of the courts. This is not under the doctrine of due process and is against the rights of the accused. The Jessica Lal murder case has proven how media reports influence public opinion and the outcomes of court cases. This is a serious moral issue about the moral accountability of the journalists when reporting sensitive matters.
Whereas the media performs a significant role in keeping the public informed, sensationalism deforms the narrative of crime and justice. Emphasis on too much crime with extra drama than occurs usually comes later as a way of necessitating more viewership and readership.
Sensationalism distorts crime to the extent of dramatizing some crimes and diminishing others. It also entails undue reporting of grisly murder tales in a way which amounts to projecting a biased image of the crime rate, and hence generating irrational fear among the masses. As columnist Ranjit Gupta aptly commented, "We are not just what we consume, but also what we are made to believe." Based on this belief, police priorities and public policy are determined at the expense of eradicating root ills like poverty and corruption.
The effect of sensationalism is felt by victims and accused persons. For the victim, exposure in the media can lead to loss of privacy and dignity, and for the accused, exposure can lead to ostracism and assumption of guilt. Unnao rape victim case is a glaring example of the same where gory details dominated her ordeal and diverted attention from the spotlight on justice. In this case, the media must attempt to uncover the truth without humiliating the concerned parties.
With sensationalism and knife-edge reporting being the order of the day, ethics have to be the slogan. The Press Council of India has guided the media with a vision as to how sexual assault has to be reported, crime by juveniles, etc. Such directives, however, have no takers during the ratings crusade. The moral philosophy of philosopher Immanuel Kant, the categorical imperative, reminds us that good action can be universalized: "Act only according to that maxim whereby you can at the same time will that it should become a universal law." This moral theory would challenge media professionals to think about the collective effect of what they cover.
The public space where criminal justice discussion occurs has been transformed by social media. It is a space to make noise, be heard, and mobilize towards change.
Social media levels the playing field of information flows, and the voiceless are heard. Social causes such as #MeToo and #JusticeForAsifa trend on social media platforms such as Twitter and Facebook and mobilize popular opinion in favour of the victims of crime. Social media's power to empower the powerless has changed public campaigning on terms and provided a sense of belongingness to the aggrieved seeking justice.
Social media assumes a mediating function to mobilize the public sphere where citizens can organize drives, protests, and campaigns. This is the same wherein social media mediated the public opinion construction regarding the Nirbhaya case. Social media was utilized to unleash generalized anger so that it would get directed in countrywide mass movements demanding justice and institutional reform. This is proof of the strength of individuals uniting for the pursuit of justice.
Social media can empower, but it is also filled with the risk of disinformation. Disinformation spreads through social media and creates hysteria among the masses and illusions of justice. The 2018 Bengaluru mob lynching case is a bloody example where false news was spread through social media and converted into tragedy and violence. It is of the greatest importance that the public sifts through the information and reaches the truth amidst the noise.
Conflating media and law is bringing up some very critical questions regarding the purpose of journalists working within ethical parameters, human rights, and what justice will make it out to be.
Right of privacy is among the greatest human rights, but in all contexts runs counter to the interest of the need of the masses to get updated and serviced. Reporting on sensational criminal cases reveals the personal life of the accused person, thereby damaging his/her privacy. The right to privacy has been engrafted by the Supreme Court of India as a fundamental right and it reaffirmed that the right to live with dignity is basic. Public interest v/s the privacy of the individual is an age-old issue.
Media's ability to influence the attitude of the masses can turn into a burden on the perception of the judicial process. Judicial independence has to be guaranteed so that there will be an impartial trial, but media oversight may bring along a biased prevalent atmosphere. That also highlights the provision of an environment that will guarantee the independence of the judiciary but provide means of necessary debate in the public sphere.
Media trials have the potential to contaminate the judicial process and can result in a miscarriage of justice.
In the murder trial of Jessica Lal, the poisonous reporting by the media and the public outrage later directly affected the judicial verdict to such an extent that the conviction was initiated based on public opinion rather than the facts of the case. While the people must be permitted to challenge demands for justice, it is also of equal significance that such demands do not undermine the criminal justice system.
In the coming years, the dynamics between criminal justice and media in India will evolve continuously. Changing media environments, emerging new technologies, and changing people's expectations will define these dynamics.
Technological innovation will mostly fall on criminal justice reporting and receipt. Data journalism, for example, can give us more insight into patterns and crime statistics, more and better than sensation. The philosopher Marshall McLuhan once famously said, "The medium is the message," which gives us the power to be concerned with how the medium affects our sense of reality.
The reporting on the future of the criminal justice profession is dependent on ethical journalism. In regards to the question of attaining credibility and responsibility, media companies must keep serious reporting in a way that preserves the dignity of those people who are under criminal cases in great respect. Being able to consider that one may be error-prone makes it possible for media workers to stretch out towards truthfulness and honesty rather than sensationalism.
We are the ones who are called upon to critically analyse the media and struggle for justice in society. Public education on the criminal justice system, media literacy, and a mandate for moral reporting can empower us so that we can see the scope of crime and justice. Creating a culture of questioning and critical thinking will give us an informed citizenry that will be in a position to hold the criminal justice system and the media accountable.
Media and criminal justice in India are a vibrant and complex one that affects the moral life of society. Charting the potential and challenges of this dynamic, we must possess ethical reporting, safeguarding the rights of the individual, and adherence to justice.
In an era of media that can inform and guide, let us strive to build a world that is in the higher interests of truth, goodness, and justice.
It is in our potential of critical thought, moral action, and sustaining what it means to be human that can guide the future trajectory of criminal justice and media in India. In attempting this work, however, let us not fail to recall that the pursuit of justice is so much a test of morals as of law, whereby we are stout champions of truth and agents for change.