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CHAPTER 7
JUDICIARY AND MEDIA

7.1) Introduction:
In a democratic society, judges are expected to exercise judicial power in accordance with of law
and their conscience. They enjoy an absolute legal authority to apply the law of the land
according to their own understanding. The authority of a judge is established not only by the
law itself; it also depends on the invocation of the correct from of words in the right place at
the right time. However, the most important element of the authority of judges is public
confidence in the judiciary. As argued in chapter Tow, in order to sustain public confidence in the
judicial power and one important from of accountable for the use of judicial power and one
important from accountability is public exposure of judicial functions . Public exposure of
judicial functions provides an opportunity for scrutinizing the working of the judiciary. in this
regard, the media plays a very important role by transmitting information to the public .
The relationship of judiciary and the media has a great impact on public confidence in the
judiciary. In fact, the role of the media is significant to make judges indirectly accountable to the
general public.

7.2) General Perspectives on Media Scrutiny:

This section deals with the general issues relating to the role of the media. After a brief
discussion of the types of media including an overview of nature of media reporting it examines
the role played by the media scrutinizing judges, then it focuses on the relevance of the law of
contempt of court the media scrutiny of judges.
This section argues that media plays a significant role in ensuring public accountability of judges
by scrutinizing their activities and conduct. It also argues that media scrutiny may also be a
concern for the independence of judges because of baseless criticism or unsubstantiated

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allegation undermining public confidence in the judiciary. However, the law of contempt of court
is an important instrument to restrain baseless criticism or unsubstantiated allegation against
judges.

7.2.1) Types of Media and its Reporting:

The media may be broadly divided into tow classes: print media and electronic media popularly
known as the presses. The electronic media may be of three kinds: television, radio and internet.
The press is recognized as an important source of information for the general public in all
societies. The role of free and honest press is very important watchful eye on the judiciary and
thus, serves as an important mechanism of checking the performance and conduct of judges.
Reporters from the press can make reports from their position inside the courtroom on the full
proceedings of court cases including a brief narrative on the facts and outcome of the cases and
judgments passed by judges. 2 They can also report the reactions of the parties to cases and their
lawyers.
Television, as a visual electronic media, plays an important role in conveying information
about the function of the courts to the general public. However, its reports are generally limited
to the decisions of court cases and pictures from outside the court precincts.3 in some cases,
television may broadcast the reactions of the parties involved and their lawyers. It can also
arrange talk shows about the activities of judiciary. Court proceedings are televised in some
jurisdictions; for example, in the United States of America television coverage of court
proceedings is widely accepted.
Are also instances televising court proceeding in the courts of Victoria 1 and the federal court of
Australia.
Te role of the radio may be similar to television and the press as well. Radio can broadcast the
decision of court cases; the reactions of the parties and lawyers, and can transmit commentary,
from reporters and through talkback radio.

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The internet is a modem from of electronic media. In many countries of the world, the internet
plays an important role in conveying information about the activities of the courts. It can convey
the judgments of court cases, information about the judiciary,
Such as historical introduction, jurisdiction and contact details of the courts. 3

7.2.2) Role of the media:

The judiciarys primary responsibility is to serve the people in the administration of justice.1 It is
given power to re solve disputes between citizens and between citizens and the state. Judges are
under an obligation to administer justice in accordance with the law and complying with
standards set for judicial conduct, but the justice administered by them would be imperfect
without public participation, even if passive.
In a democratic state, every citizen enjoys legal or fundamental human right which includes the
right to a fair trial, without having the right to a fair trial. All other legal or human rights world
be unenforceable and would be useless.2 Therefore, the public should have confidence that in
case of any violation of their rights they are able to get remedies through fair and impartial
treatment in the acurts.3
7.2.2.1) Legal knowledge and Experience of Media Reporters:
It is the responsibility of the media to report accurate, complete and fair information. For the
accuracy and fairness of the media reports on the courts, the reporters should have some
knowledge about the judicial procedures and activities of judges. They should have a capacity to
understand the law, legal process and reasons behind the decisions of judges.6
If courts reporters do not have any legal training, background or experience, it may be difficult
for them to interpret the functions of courts. Although it cannot be expected that reporters should
be lawyers for fair and accurate reporters of the function of the courts reporters requires some
legal knowledge and experience,

if media reporters process some legal knowledge and

experience, they can, translate to the public the technicalities of law.

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7.2.2.2) Access to information about courts:
Access to information about courts in an important factor for accuracy and fairness in media
reporting. Lack of access to information may lead to inaccurate, insufficient and unfair reporting
courts. In the absence of adequate information a serious communication gap is inevitable
between the judiciary and the public.
The judiciary as a public institution requires public confidence in its activities and therefore, the
judiciary has a responsibility for fostering public confidence by improving public understanding
of the role understanding of the activities of courts, the judiciary should undertake for measure
for informing the public about the nature and procedures of judicial functions.

7.2.3) Media and Contempt of Court:

As an informal mechanism of scrutinizing judges, the media watches and criticizes the activities
and conduct of judges. Ti is an established pact that conduct and decision of judges are subject to
constructive criticism. Any constructive criticism may be beneficial to the judiciary, because by
identifying incorrect judicial conduct and defects in the legal system, it can promote the cause of
justice.3
In R v Metropolitan Police commissioner, Ex parte Blackburn ( No 2 )
(1968)4 Lode Denning observed that it is the right of every man, in parliament or out of it, in
the Press or over the broadcast, to make fair comment, even outspoken comment, on matter of
public interest. Those who comment can deal faithfully with all that is dine a court of judges.
However, the right of criticism if judges is not an absolute right. It is subject to the low of
contempt of court which is an important protection for the judiciary. The law of contempt of
court may affect the role of the media in reporting and criticizing judges. It is concerned with
words or action that interface with the administration of justice or that constitute a disregard for
the authority of a court.

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The High Court Delhi observed:
Is in the police interest to see that allegations or criticism which would scandalize or tend to
lower authority of the Courts is not permitted because in the functioning of democracy an
independent judiciary to dispense justice without fear or favor is necessary and its strength is the
faith of the public in general in that instruction.
The Australian Law Reform Commission in its report of 1987 said, its limits freedom of
expression to an excessive extent, its substantive principles are too vague and its procedures
are unfair.

7.3) Bangladesh Perspectives:

This section demonstrates that the media in Bangladesh conveys information about the conduct
and function of judges, but there is a lack of information about the activities of judges and the
reasons for their decisions.

7.3.1) Press:
In Bangladesh, the press publishes information about the activities of courts and judicial
decision. In some cases, particularly in important and sensitive cases, the proceeding of the
courts is regularly reported in the daily newspapers. With a view to identifying the nature of
information conveyed by the newspapers. The following case studies are useful.
Case Study 1: Conduct of judges:
On 20 November 2000, its was reported the newspapers the Dainik Sangbad that the lawyers of
Noagaon were still boycotting the courts of boycotting the courts of three judges. It added that
they started the boycott from 5 November on the allegation that the three judges were involved in
corruption and irregularities.
The above reports of the Newspapers convey three important prices of information about the
conduct of judges. Firstly, some judges of the subordinate judiciary were allegedly involved in
corruption. Secondly, some judges of subordinate judiciary were allegedly involved in irregular

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practices in the administration of justice. There was no complete picture of the irregularities and
corruption was alleged to have been committed by the judges.
Thirdly, the reports were based on the resolutions of the concerned bar associations, which are
responsible bodies of the lawyers.
Case Study 2: Judicial Decision and quality of judges:
On November 2000, the Dainik Manavzamin published information about judgment of high
Court Division of the Supreme Court. It was reported that one Abdul Aziz and this eight sons
killed three people of Chuadanga district on 11 November 1996. In a judgment passed by the
additional District & Session Judge of Chuadanga on 8 October 1987, Abdul Aziz and his sons
were sentences to death, and six others were sentenced to life imprisonment. They filed an appeal
to Hugh Court Division against the decision of the trial court. On November 2000, the death
reference bench of High Court Division confirmed the judgments of Additional District &
Session judge for using incorrect English language in the order sheet of the case record. The
bench also criticized the magistrate who recorded the confessional statement of the accused at
the stage of investigation of the case.
The report of Dainik Manabzamin conveys tow kinds of information. Firstly, the stories of a
murder case judicial decisions in the case, and secondly, a judge of the subordinate judiciary was
criticized by the superior court for using incorrect language in the judgment.
Case Study 3: Delay in the Disposal of Cases:
On 29 November 2000, the Delay Star and Dainik Manabzamin published identical reports
relating to the delay in disposal of a case. According to the report, the long awaited judgment in
the sensational Humayun Zahir murder case in the additional District & Session judges court
Dhaka was adjourned for the third time. The case had earlier been transferred to tow courts for
disposal, but one of them left embarrassed to deliver judgment Later, the High Court. Division
directed the Additional District & session judge Mr Mohhammad Awlad Hoossain to dispose of
the case. The judge did not deliver the judgment because it was not prepared. The report added
that the case was field in 1993, when the victim was murdered by a group of assailants. The
investigation officer of the case submitted a charge sheet on 24 March 1994.

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Thus, the report conveys information that the case was field about eight years ago and that police
had submitted the charge sheet within one years of filing the case, but it was still pending for
judgment. It is an important example of communication to the public of delay in the disposal of
cases.
7.3.2) Television and Radio:
The television and radio play a very important role in scrutinizing Judges. These two conveys
information on different aspects which are concerned with public confidence in the Judiciary of
Bangladesh. The information includes the conduct and quality of judges, delays in disposal of
cases, and decisions of judges. However, information about the Judicial Process and reasons for
judicial decision is not sufficiently conveyed by the Media.
The television and radio play a very important role to the judicial Independence by Broadcasting
various fact in various cases pending before the court. And also vary valuable proof of different
cases are found in the television news.

7.4) CONCLUSION
The study on the role of the media exposes that the media in Bangladesh plays an important role
in making judges accountable to the public. The media, particularly the print media and
television, convey information to the public about the conduct and quality of judges and their
activities in courts. However, there are some important limitations on the role of the media.
Firstly, the media in Bangladesh does not have adequate access to information about the courts.
It appears that in conveying information about the decisions of the courts the media does not
convey the reasons behind them.
Secondly, the law of contempt curbs the role of the media in scrutinizing judges. The contempt
law in Bangladesh is an insufficient law. Therefore, contempt of court is a barrier to the role of
the media in scrutinizing judges though freedom of the press is an important fundamental right in
Bangladesh. Article 39(2) of the constitution of Bangladesh provides it. Since the law of

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contempt of court itself is uncertain, freedom of the press is always at risk. For the sake of
ensuring the public accountability of judges, the law of contempt of court should be changed
providing detailed principles including a clear definition of contempt of court.
Thirdly, there is no system of legal training for media reporters in Bangladesh. In order to ensure
proper understanding of the functions of the courts, steps should be taken to arrange legal
training for reporters.
Another important drawback of the judiciary in Bangladesh is that there are no Internet links to
the courts. As the apex court, at least the Supreme Court should have a web page containing
information about its activities.