Media is considered as one of the four pillars of democracy. Furthermore, it plays a vital role in shaping society’s opinion and can change how people perceive different events. It has a crucial influence on the minds of the people at large. Media must raise critical issues, but drawing a line for themselves is also pertinent. Socrates believed that following the law had influenced his life in many ways, so he chose not to disobey the law when he was sentenced to death. This is an explanation for the social contract theory. Later philosophers like Thomas Hobbes, John Locke and Rousseau propagated the theory very elaborately. Social contract theory is when a man surrenders certain rights to a body that will provide him with security and protection.
In the contemporary world, media also plays a vital role in this social contract.[1] The media has an immense responsibility to check the government and other official activities in the public’s interest. This proves that the media has to act as a responsible body and as a bridge between the people and the government. The media has expanded tremendously and is a separate influential institution. After the advent of globalisation, there has been a massive shift in perspectives. Globalisation, in its essence, is the concept of oneness and the consideration of the world as one community. This has been achieved through various concepts and developments. The barriers between nations are narrowed down in various forms, such as trade and commerce, cultural influences, political influences, technological advancements, etc. One of the most critical factors influencing globalisation is the world of media. Whether social or mass media, access to information about a happening in another part of the world is one of the ultimate means to bridge the gap between nations. In this globalising world, every aspect of human life is influenced by some form of media.[2] Almost every remote corner has access to media and is aware of the happenings of other parts of the world. This has bridged the gap between people around the globe. It enabled a lot of communication and access to all corners of the world. The power that media holds in the contemporary world is of vital importance.
Similarly, the freedom of the press plays an essential role in the society. The news media is a potent tool in a democracy. In its true sense, journalism is to share the event or a specific happening with the public with genuine intention, unbiased and without tampering with its originality using decent vocabulary. The most important fundamental right in every democratic state is the right to free speech. The right to voice out an opinion is an essential virtue on which a democratic government functions because public opinions are essential for a properly functioning government. In India, there is no specific provision for freedom of the press. It comes along with the freedom of speech and expression under Art 19(1)(a). The freedom of the press is given more light through the decisions or interpretations by the Courts in various judgements. One of the main objectives of the press is to provide unadulterated information and educate the public[3]. Therefore, the information, reports, and news articles presented by the press hold the utmost importance in any democracy in the world. Media in all forms has an influence, such as radio, newspapers, news channels, online media, etc. It is a form in which specific information about a happening can be communicated to one person or a group and to larger masses. This information reaches people, who tend to consume the content without further scrutiny.[4] When a piece of content is produced, it is entirely received by the people. This has a long-lasting psychological effect on human minds.
The news media has been very influential in the globalised world. The role of news media is to address the country’s people, provide them with information about various incidents, and safeguard democracy. The main objective is to promote fair competition in news networks and promote active journalism. However, as time passed, the objective of news media shifted from its purpose. Capitalist demands and the interest of the elites influence the news media. The professional freedom in the area of work has been narrowed down considerably. The news selection is according to what the business demands. News media intends to publish news that the dominant masses will receive well. The media has also taken the role of monitoring various happenings and mishaps in society.
Media has become the brain and has influenced the thought process of people regarding a particular incident, which in turn affects the public perspective of the particular incident. It affects the integrity of the news media. This led the media houses to create headlines that would grab more attention, increase the TRP (Target Rating Point) ratings, and increase revenue. Therefore, high-profile crimes have always attracted the attention of the news’s front pages and headlines. This has created the concept of media trials in the country for specific cases with potential revenue sources. Media trials are when the media conducts a parallel trial along with the judiciary. It creates a general character to the case and influences public opinion. When the media tries to take up the case and make its assumptions to make the matter exciting and sensational, the natural element of the issue is sometimes lost. One of the significant drawbacks of media trials is that there is a chance that this influences the judgements given by the judiciary. Judges are expected to be unbiased and should follow the law of the land, but this is affected because the judges also belong to the same society and will witness the assumptions of the media on the same matter. This has significant changes to be reflected in the judgements. [5]
Moreover, there is additional pressure on the judiciary to uphold the public’s confidence. Since the media primarily influence public opinion, judges are often required to produce a judgment according to public opinion. This affects the integrity of the judicial system widely. The media trials create a sense of false judgement in people’s minds. The freedom of speech and expression should not influence another’s right to privacy. The media trials affect high-profile cases, such as those that include celebrities or cases likely to impact society. It creates a situation where the media cover such news to increase the viewership. Therefore, every other news media is trying to cover the issue from different perspectives to stand out from the others and increase their TRP ratings without considering the parties’ privacy.
Due to the increased competition and sensationalising of the news for viewership, specific news reports from the judiciary have additional pressure and scare music to recreate the happening cinematically. This is not only invading the privacy of the victims but also shatters their names. The media has proven to be very insensitive towards the victims in many instances. The victims are being re-victimised in these circumstances because they are already victims of a crime, and now the media is insensitive and invading their privacy, so they are subject to further emotional victimisation. These articles tend to have a long-term effect on the minds of these victims. When those suffering from specific abuse are being targeted and victimised the same over and over again for some time, they suffer a lot mentally, which affects the whole remaining life of these victims.[6] When the vulnerable sections are targeted, it creates a sense of panic in their minds because, usually, such crimes attract a lot of media attention. These practices make them subject to re-victimisation in most instances. This insensitivity affects the victim on an emotional level for an extended period.
[1] Social Contract, Political Philosophy, BRITANNICA, (Feb 12, 2024), Social contract | Definition, Examples, Hobbes, Locke, & Rousseau | Britannica
[2] Understanding Media and Culture, UNIVERSITY OF MINNESOTA LIBRARIES, 13.6 Globalization of Media – Understanding Media and Culture (umn.edu)
[3] K D Gaur, Constitutional Rights and Freedom of Media in India, Journal of Indian Law Institute, Vol. 36, No. 4, 1994.
[4] Rahul Bharati, Media Trial in India: Legal Issues and Challenges, Journal of Emerging Technologies and Innovative Research, Vol 5, No. 11, 2018, JETIR1811A32.pdf
[5] Ahmed Raza, The TRP Race and Television Journalism in India, OUTLOOK, (Sep27,2020), https://www.outlookindia.com/website/story/opinion-the-trp-race-and-television-journalism-in-india/361014
[6] Chris Greer, News Media, Victims and Crime, SAGE, (Apr 19,2007), untitled (sagepub.com)
Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal Consultant
For Origin Law Labs
