TABLE OF CONTENTS

SR.NO. CONTENT PAGE NO.

CHAPTER-I
INTRODUCTION

1.1 STATEMENT OF RESEARCH PROBLEM

1. 1.2 HYPOTHESIS OF THE STUDY 7-13
1.3 OBJECTIVES OF THE STUDY
1.4 SIGNIFICANCE OF THE STUDY
1.5 SCOPE OF THE STUDY
1.6 RESEARCH METHODOLOGY

CHAPTER-II
CONCEPTUAL FRAMEWORK, HISTORICAL
AND EMERGING DIMENSIONS: MEDIA LAW
AND EMERGING DIMENSIONS: MEDIA LAW
2. 14-17

2.1 CONCEPTUAL FRAMEWORK

2.2 THEORIES OF MEDIA
2.3. HISTORICAL BACKGROUND OF LAW
2.4 FACETS OF MEDIA LAW

CHAPTER-III
MEDIA LAW – NATIONAL AND.
INTERNATIONAL PERSPECTIVE

3. 3.1 INTRODUCTION 18-25

3.2 CONSTITUTIONAL FRAMEWORK.
3.3 STATUTORY FRAMEWORK.
3.4 GOVERNMENT POLICIES AND
PROGRAMME

CHAPTER-IV

MEDIA, E-MEDIA AND ITS CONVERGENCE: MEDIA

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 TRIAL

4.1.MEDIA TRIAL AND HUMAN RIGHT

4.2 MEDIA AND STING OPERATION
4.3 ELECTRONIC COMMUNICATION SYSTEM
AND ITS IMPLICATION

CHAPTER-V
EFFECT OF MEDIA TRIAL
4.1. INTRODUCTION
4. 4.2 IMPACT ON ACCUSED 26-28
4.3 IMPACT ON VICTIM
4.4 IMPACT ON JUDICIARY

CHAPTER-VI

LEGAL REACTION ON OPPORTUNITY OF

MEDIA AND MEDIA TRIAL

6.1 LEGAL METHODOLOGY ON

6. OPPORTUNITY OF MEDIA 32-36
6.2. LEGAL METHODOLOGY ON
LAWFULNESS AND OPPORTUNITY OF MEDIA
OVERALL

6.3 LEGAL METHODOLOGY ON

OPPORTUNITY OF MEDIA AND ITS ASPECT

7. CONCLUSION 37-38

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 CHAPTER -1
INTRODUCTION

The Media is the fourth appendage of a popularity based framework,

the governing body, chief and legal executive being the other three while council readies
the law for the general public and the leader. The third stepping stone is the judiciary,
which has to ensure legality of all action and decisions. The fourth estate i.e. the Media has
to operate within the frame work of theses statutes and Constitution al provision to act in
public and national interest.

This is the mark of the way that no one is above regulation. At the
point when the Constitution of India ensured opportunity of articulation and discourse to
its residents, it guaranteed that the opportunity was not outright and any articulation, via
words, discourse or visual medium, disregarded no legal arrangements authorized by
assembly and executed by the leader. If the media, electronic or print, exceeded its
jurisdiction, the Courts came forward to ensure that violation of fundamental rights by
media does not go unchecked.

Opportunity of media, which is a necessary piece of the right to speak freely of

discourse and articulation, is fundamental in a majority rule society. It is the commitment
of judges to see and offer effect on chance of media.

Correspondence is one of the main elements of life. Right to convey is the

exemplification of the option to talk unreservedly of talk and verbalization. Right to
communication is built out of specific right to be informed, right to privacy and right to
participate in the public communicative system. One of the legal subordinates of Art.19(1)
(a) is opportunity of press. The term media includes print media, audio visual media,
internet, blogs, mobile, software publishing and mass media.The media has been greatest
proponent of freedom of information, freedom of expression and freedom of speech.
However, the media has also been one of the worst violators of privacy rights through
investigative journalism.

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 Lately, media has differently added to the improvement of the general public.As the
watchdog on government, as the champion of vulnerable section of society, as a whistle-
Blower against culprit or more all as a boondocks in supporting and distributing the
information of public interest, media’s role is par excellence and ‘above and beyond’
apparition.
Today, it seems that during the course of reporting and making
revolution on any issue, media fails to observe sensible control which it is supposed
to have and command particularly in the society which asserts and claim to the
guided by the jurisprudence of rule of law.

The press which is a fundamental piece of the right to speak freely of discourse and
articulation has a role to play in providing a forum for free political discussions for the
proper functioning of the processes of a popular government. Being a powerful Media of
Mass Communication it should be free to play role in the process of building a strong
viable society of India. Denial of the right to freedom of press to citizens would
necessarily undermine the power to influence public opinion and would run counter to the
principle of democracy itself.

The basic philosophy of the media was laid down by the black stone’s concept of freedom of
press in 1769 and enunciated the following principles:
1-Freedom of the press is crucial for the state.

2-No past restrictions ought to be put on distribution.

3-That doesn't mean there is the opportunity for doing what is blocked by guideline.

4-Each free men has the undoubted right to lay what feeling he puts before open yet
assuming he distributes what is ill-advised, naughty are unlawful he should face the
result of his own nerve (recklessness).

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 ● Trial by media

Preliminary by media 1 is an expression made famous in the late

twentieth 100 years and mid 21st hundred years to portray the effect of TV and paper
inclusion on an individual's standing by establishing an endless connection of
culpability regardless of what any choice in a Court. In each just country there is a
warmed discussion between the people who support a free press which is to a great
extent uncensored and the people who put a higher need on a singular's all in all correct
to protection and fair preliminary.2

The violation of rights is not confined to cases where violence is at the

root of violation of human rights. Violation has many dimensions. And, one such
dimension allegedly finds expression in media preliminary which in this period of
globalization has become one such issue that should be examined, discussed, and thought
upon. Individuals who support 'media primer' fight that it prompts confirmation of the
honors of the affected individuals, and it helps in the value transport system. Those
conflicted with to it consider it at risk for the infringement of people's right, and various
obscenities that emerge out of media primer. Notwithstanding, the arising banter is, truth
be told, a discussion about freedoms, privileges of the impacted individuals as well as the
privileges of media people.3The manifestations of rights are apparently in conflict that
finds expression in the form of arguments and counter-arguments that form the crux of
the present debate. It is noticeable that with the emergence of the notion of state, the
rights and duties no longer had the same colour that they had prior to the coming into
existence of the State. A portion of the essentials privileges of individuals changed in that
they gained another substance and significance. The whole scene of privileges and
cultural requirements fostered another aspect.

1 Trial by media’ is a recently coined term and is used to denote a facet of ‘media activism.
2 Trial By Media-The Jessica Lal Case , available at: http://ssrn.com/abstract=1003644
3 Furqan Ahmad,Human Rights Perspective of Media Trial, Asia Law Quarterly,2009, vol.1No.1

5
 In a cutting edge express, law and order what's more, the occupation of
guideline are the twin factors that have a critical effect in the presences of people. While
guideline sees explicit opportunities and opportunities, it, at the same time, projects
explicit responsibilities and puts limitations upon the movement of those honors. As
indicated by Immanuel Kant, "conditions by which the craving of each can concur with
the longing of others, according to a general law of freedom."

Regulation itself, said Kant, is worried about the outside viable relations of one
individual to another. These relations, to be mentioned using any and all means,
incorporate the mentioning of … the prudence of each man on others, in the brilliance of
the possibility of chance. Kant in this manner kept on merging the reasoned thought of
chance and [arbitrariness]: "guideline is the entire of the condition under which the
prudence of one is feasible with the mediation of others as per the overall law of
opportunity"

1.1 STATEMENT OF RESEARCH PROBLEM

Press and media perform the role of communicator, and as communicator, it

has to inform and not to misinform, disinform or non-inform the people on issues on
which they have to take decisions. It needs to teach, rouse, convince and entertain.. It has
to appeal to reason, to aesthetic sense and values, and not to emotions, it may laud or
criticize but has to be objective. It is as of now not feasible to check out at a quick
changing area in prior ways. Will our press and media show the ability to be flexible and
adapt? And will our regulators be able to move out of a tendency to exercise greater
control? The shape our media takes is far too important to be left to only owner-
entrepreneurs or state functionaries or we, as citizens, too need to get involved?

1.2 HYPOTHESISOF THE STUDY:

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 Hypothesis of this study is as follows:
⮚ The basic idea of freedom of speech and expression is as old as the Human

civilization.

⮚ The Government has consistently rejected demands by newspapers for

permission to import newsprint directly.

⮚ The foundation of a Telecom chamber/Media Gathering to look at grievance

against the company and shamefulness or predisposition in media, might be

a decent arrangement.

⮚ Through discourse and articulation one can find out about their human and

political prudent, Formative freedoms and interaction of advancement.

⮚ Right to discourse and articulation is oxygen's for a vote based system and

improvement for country.Sting operations affect various rights of human

being.

⮚ The Media publishes the version of either the police or the defense

selectively, while the trial is in progress.

1.3 OBJECTIVE OF THE STUDY:

The objective of the work was to find out and analyse:

● To define the Conceptual Importance and new dimension of media and its

emerging trends.

● To study of how to improve New Media Management, Information and

Communication Technology.

● To study the various aspect of the Freedom of Press and Media Law in

global prospect.

● To break down of the Media Preliminary, Sting Activity and its Social, Moral
effect.

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 ● To review the Constitutional provisions and other provision regarding

media law in context of right to speech and expression with reference to

media trial.

● To analyse the National policies on newsprint right to Speech and

Expression for the mass media affecting the Freedom of Media.

1.4 SIGNIFICANCE OF THE STUDY:

As individuals need food, haven and medical services for their actual endurance,
they need correspondence for their social government assistance. Moreover for their
human dignity peoples need factor that are intrinsic to genuine democracy; reason,
reasonability, mutual respect, freedom of expression and freedom of conscience all of
which mediated by communication a prerequisite of democracy, therefore, is the
democratization of communication which in turn requires empowerment of individuals.

Medial Trial, being a well known express in the late twentieth 100 years and mid
21st hundred years to depict the effect of print, sound and visual inclusion on an
individual's standing by making a boundless impression of responsibility no matter what
any decision in an Official courtroom. The increasing frequency of ‘Media Trial’ in
criminal case is a danger to a free, fair and Constitution al judicial process. The Judiciary
has to great responsibility to protect an individual from an unwarranted media trial which
leads to the violations of human right and lowering the reputation.

1.5 SCOPE OF THE STUDY:

The Freedom of the media is indeed an integral part of the freedom of

expression and is an essential requisite of a democratic set up. The Indian
Constitution has granted this freedom by way of Fundamental Rights. 9 The media,
which is obligated to respect the rights of individuals, is also obligated to work within
the framework of legal principles and statutes.10These principles/statutes have been
framed by way of minimum standards and do not intend to detract from higher
standards of protection to the freedom of expression.

The subject of 'Preliminary by media or bias because of pretrial'

distributions by the media is firmly connected with Craftsmanship 19(1) (a) which

8
ensures the central privileges of the right to speak freely of discourse and articulation
and the degree to which that right can be sensibly confined under Workmanship 19
(2) by regulation with the end goal of content of Court and for keeping up with the fair
treatment to safeguard freedom. The essential issue about adjusting the right to
speak freely and articulation from one perspective and unjustifiable impedance with
organization of equity inside the frame work of the Contempt of Court Act, 1971, as
allowed by 19 (2).

1.6 RESEARCH METHODOLOGY:

Researcher wishes to adopt Doctrinal Method of Research for purpose of this Study.
Thus researcher wishes to study primary and secondary sources such as to study constitution
of India and various landmarks judgments of Supreme Court and various amendments of
constitution, Books, law magazine, Journals, reports of various organizations and procedure
of amendment in various other democratic countries and also various websites on internet
will be explored for giving justice to the researcher.

9
 CHAPTER – II
CONCEPTUAL FRAMEWORK, HISTORICAL AND
EMERGING DIMENSIONS: MEDIA LAW

2.1. CONCEPTUAL FRAMEWORK:

Media in India consist of several different types of Communications media:

television, radio, cinema, newspapers, magazines, and Internet-based Web sites. Indian
media was started since the late eighteenth 100 years with print media began in 1780,
radio telecom started in 1927, and the screening of Auguste and Louis Lumière moving
pictures in Bombay started during the July 1895 is among the most seasoned and biggest
media of the world. Indian media private media specifically has been "free and
autonomous" all through the greater part of its set of experiences. The time of crisis (1975-
1977), announced by Top state leader Indira Gandhi, was the short time frame when
India's media was confronted with potential government revenge. McLuhan split media
history into four periods: the ancestral age, the educated age, the print age, and the
electronic age.

Press is typically implied every one of the media of mass correspondence

albeit the printed media, as the most established, is treated as the model in many
conversations. Free press as a rule implies the option to distribute, a right to classification
of sources, and an option to get to. Sacred regulation is worried about the relationship of
individual to society, so it's just a little move toward consider the meaning of the press to
be agent or middle person of associations with every one of the significant social
establishments of society - family, religion, economy, commonwealth, regulation, and
recreation. The right to speak freely of discourse is the idea of the intrinsic common liberty
to voice one's viewpoint openly unafraid of restriction or discipline. "Discourse" isn't
restricted to public talking and is for the most part taken to incorporate different types of

10
 articulation that is the political right to convey one's viewpoints and thoughts by means of
discourse. The term opportunity of articulation is at times utilized interchangeably,
however incorporates any demonstration of looking for, getting and bestowing data or
thoughts, no matter what the medium utilized. By and by the right to one side to talk
unreservedly of talk isn't outright in any nation and the right is usually dependent upon
constraints, likewise with defamation, criticism, vulgarity and impelling to perpetrate a
wrongdoing.

2.2 Theories of Media

Historically, the press first functioned from the top down, as house organs of the rare sorts
of people who coordinated the assessments of the commoners.

The Dictator hypothesis

In English customary regulation, the press generally had a place with the Ruler. This is
known as the tyrant hypothesis of the press.

The Libertarian theory

The Libertarian theory rests on a concept of negative liberty, "freedom from", or more
precisely "freedom from external constraint. With the demise of monarchy, the press came
to adopt a role as partner in the search for truth, a kind of free marketplace for ideas and
opinions, devoid of government control. This is the sort of press that was wanted by the
initial architects for the US.. It's called the libertarian theory of the press.

The Social Responsibility Theory

In recent years, with media mega-mergers, some say the press has fallen back into the
hands of a few, no more than three people control the broadcast media (radio and
television). Besides the fact that syndications welcome government interruption, however
they make it harder for the press to be a free commercial center of thoughts.

11
2.3 History of Media and Its Law in India
Prior to the advent of the present Constitution, there was no Constitution al or statutory
enunciation of the freedom of speech of the subjects or the liberty of the Press. Even in the
famous Proclamation of Queen Victoria made in 1858 after the British power was firmly
established in India, there was no reference to the freedom of speech or the liberty of the
Press, although it was announced that “none be in any wise favoured, none molested or
disquieted by reason of their Religious Faith or Observances; but that all will the same
partake in the equivalent and unprejudiced security of the law.
Unlike the U S Constitution, there is no separate provision providing for the
above freedom. However, the Supreme Court in a score of cases has held that there was no
need to explicitly mention these rights and freedoms. 9In this context, it becomes pertinent
to refer to the dictum of Justice Brandies: “…the last finish of the state was to make
allowed to foster their resources and that in its governance the deliberative forces should
prevail over the arbitrary.”10The privileges gave under Article 19 are, regardless, not
outright. They are dependent upon specific sensible limitations.

2.4 History of Trial by media

Preliminary by Media is an expression famous in the late twentieth 100 years and mid 21st
100 years to depict the effect of TV and paper inclusion on an individual's standing by
establishing an all over connection of culpability regardless of what any choice in a Court. In
the Brought together Domain there is a warmed conversation between individuals who
support a free press which is for the most part uncensored and the people who set a more
significant need on a solitary's in order to security and right to a fair primer. During high
openness Legitimate debates, the media are ordinarily faulted for instigating a demeanor of
public insanity compared to a lynch swarm which makes a fair starter practically
inconceivable as well as suggests that regardless of what the result of the primer the charged
can not continue with the rest of their reality without outrageous public examination. The
counter-conflict is that the swarm mentality exists unreservedly of the media which basically
voices the ends which people in general at this point has.

12
There are different legitimizations for why the media thought is particularly outrageous
incorporating a legitimate case: the first is that the genuine bad behavior is some way or
another or another stunning, by being unpleasant or including kids; the second is that it
incorporates a celebrity either as setback or reprimanded. But an actually organized
articulation, the likelihood that well known media can influence the genuine connection
returns decidedly to the approaching of the print machine and reasonable significantly
further.. In twentieth century one of the primary superstars in the twentieth hundred years to
be seemingly attempted by media was Roscoe 'Greasy' Arbuckle who was absolved by the
Courts yet in any case lost his business and reputation due to the media consideration.
Equivalents can be drawn between these cases and the starter of O.J. Simpson. The affiliation
is less about obligation or guiltlessness anyway about the progression of the media
consideration in the public mind over the circumstance with the Court.

Trial by Media in India

In India, preliminary by media has expected critical extents. A few renowned lawbreaker
cases that would have slipped through the cracks however for the intervention of media are
Priyadarshini Mattoo case, Jessica Lal case, Nitish Katara murder case and Bijal Joshi
attack case.

The media in any case pulled in fire the specifying of crime of Aarushi Talwar, when it
held onto the Court and declared that her own father Dr. Rajesh Talwar, and maybe her
mother Nupur Talwar were related with her manslaughter, subsequently reviving
memories of JonBenet Ramsey murder, which was hauntingly similar. The CBI later
reported that Rajesh was not the killer.

Between September 2004 and Walk 2005, the media - print, sound and visual all
elucidated His Holiness Sri Jayendra Saraswathi Swamigal, a Hindu severe trailblazer,
suggesting his culpability in a crime case, but the High Courts of Madras and Andhra
Pradesh and the High Court of India again and again saw that there was no material
verification to see him to be blameworthy and descended vigorously on the media and the
Public authority of Tamil Nadu for abuse of government hardware.

CHAPTER – III

13
 MEDIA LAW NATIONAL AND INTERNATIONAL PERSPECTIVE

3.1 INTRODUCTION:

The media is the fourth Pillar of democratic system, the legislature,

executive and the judiciary being the other three. While legislature enacts the law for
the society and the executive takes steps for implementing them, the third stepping
stone is the judiciary, which has to ensure the legality of all actions and decisions.
The media has to operate within the framework of these statutes and Constitution al
provisions to act in public and national Interest. This is indicative of the fact that
nobody is above the law. When the Constitution of India ensured the right to speak
freely of discourse and articulation to its citizen, it ensured the freedom was not
absolute. In India "the option to talk uninhibitedly of talk and enunciation is a key right
under Article 19 (1) (a) of the Constitution provides for simply occupant. This clause
should be read with clause (2) of the Article (19) which states that this right shall not
prevent the operation or making of law relating to the subjects specified therein 4

3.2Constitutional Provisions

Unlike the U.S. Constitution and most recent Constitution South African
Constitution, the Constitution of India doesn't independently allude to the
opportunity of media to some extent III 5. Yet, the law regards these privileges as a
feature of the right to speak freely and mistreatment. The demand for the separate
provision to media freedom was made even at the time of framing of the
Constitution. Dr. K.M. Munshi had proposed the freedom of Press separate right. 6
However, Dr. B.R. Ambedkar explained the position.

The press has no uncommon opportunities which are not to be given or which are
not to be polished by an occupant in his solitary breaking point. The supervisor of a

4 The Primary purpose of the constitutional guarantee of a free media was a similar one to create a fourth institution outside
the government as an additional check on the three official Branches. Consider the opening words of the Tree claves of the
Massachusetts constitution; drafted By john Adams;. “The liberty of the press is essential to the security of the state.
5 The Constitution of India, Fundamental Rights(Art.12-35)
7
. Constituent Assembly Debates Vol. VII, P. 780 (2nd December, 1948)

6 Constituent Assembly Debates Vol. VII, P. 780 (2nd December, 1948)

14
 press and the chief are residents and, in this way, when they decide to write in paper,
they are only practicing their right of articulation and no exceptional notice is
important of the opportunity of press at all and the Constituent Assembly agreed
with this reasoning and rejected the demand for a specific provision to media
freedom. The freedom of press which, though not separately and specifically
guaranteed has been read as part of Article 19 (1) (a) the basic structure.7

The prelude to the Constitution of India takes steps to get for the resident of
India, freedom of through, articulation and belief.6 The Article 19 (1) (a) of the
Constitution from which the media infers its right certifications to each resident of
India, the ability to speak freely and articulation, Article 19 (1) (a) reads.

19. (1) All citizens shall have the rights and privileges.

(a) to freedom of speech and expression.

3.2.1 The option to talk unreservedly of talk, explanation ( the right to speak
freely of discourse and articulation ) and media: Constituent Social occasion
Conversation

On thirteenth December, 1946, the Constituent Get together of India taken on

the memorable targets goal. The Assembly declared in its resolution its firm
resolve to draw up a Constitution guaranteeing, inter alia, freedom of speech
and expression. Clause 5 of the resolution reads:
Wherein will be ensured and gotten to every one individuals of India
equity, social, monetary, and political; uniformity of status, of chance, and
under the watchful eye of the law; opportunity of thought, articulation,
conviction, confidence, love, employment, affiliation and activity, dependent
upon the law and public profound quality…

An advisory committee was appointed on 24th January 1947 to framed

provision relating to fundamental rights and allied subjects. This committee
submitted an interim report on fundamental rights which was prepared with the
assistance of a sub-committee. The sub-committee recommended that the list of
fundamental rights should be in two parts, the first part consisting of rights

7 I.R. Coelho V. State of Tamilnadu (2007) 2 SCC 737 at para 106

15
 enforceable under the appropriate legal process and the second consisting of
directive principles of social policy which though not enforceable in Courts would
be regarded as fundamental in the governance of the country. Clause 8 of the 24
clauses on fundamental rights dealt with the right of freedom and read:8

There shall be liberty for the exercise of the following rights subjects to
public order and morality or to the existence of grave emergency declared to be such
by the Administration of the Association or the Unit concerned by which the
security of the Association or the Unit, by and large, is compromised:

3.2.3 Constitutional Status of the Media

The media gets its privileges from the right to one side to talk unreservedly
of talk and enunciation available to the occupant. Accordingly, the media has a
similar right - no more and something like any person to compose, public, course or
broadcast. For a circumstance that arose in sans pre India, the Privy Board held:
The chance of the reporter is a standard piece of the chance of the subject
and to whatever lengths the subject in general could go, so in like manner may the
essayist, beside the goal guideline, his honor is no other and no higher.
The system for breaking down media right remaining parts a lot of similar in
post-freedom India. In M.S.M. Sharma v. Krishna Singh,8 the High Court noticed:
A non-resident running a paper isn't qualified for the Basic Right to the right to
speak freely of discourse and articulation and, consequently can't guarantee, as his
Fundamental Right, the benefit of the opportunity of the Press. Further, being just a
right moving from the right to speak freely and articulation, of the occupant and that
no honor associates with the Press as needs be, at the end of the day, as specific
from the chance of the inhabitant. To put it plainly, as respects residents running a
paper, the situation under our Constitution is equivalent to it was the point at which
the Legal Panel chose the instance of 41 In Application 1499 and as respects non-
residents the position might try and be more regrettable.

3.3 Statutory provision in refer to the freedom of speech and expression vis-a-vis
media freedom, Media Trial and Electronic Technology

8 . Constitution of India, 1950, Preamble, we the people of India

16
 Print media in India has consistently assumed a critical part in the nation's
turn of events and prosperity.. Unlike many other countries, the print media has very
well withstood the stiff competition from the electronic media, if the growing
number of newspaper and magazines in India is a yardstick to adhere by. The print
media is likewise the very much managed media in India.. There exist various
Demonstrations which manage the working of print media. This section manages the
Demonstrations which directed the print media in India. This part gives the notable
highlights of the Press and Enlistment of Books Act, 1867, Press Gathering Act
1978 and Working Columnists and Other Paper Representatives (State of
Administration) and Miscellaneous Provisions Act, 1955.

3.3.1Press Council Act, 1978

The purpose of the Act was to establish a Press Council for safeguarding the
opportunity of the Press and of keeping up with and working on the guidelines of
papers and news organizations in India. The Demonstration cleared a path for the
foundation of the press board.
Section 5. It expresses that the Board will comprise of an Executive and 28
different individuals.

Section 6. It expresses that overall conditions, the Director and different

individuals will hold office for a time of three years.

Area 7. States of administration of individuals The Director will be an entire

time official and will be paid such compensation as the Focal Government might
think fit; and different individuals shall receive such allowances of fees for attending
the meeting of the Council, as may be prescribed. Powers and functions of the
Council: -

Section 13. Objects and functions of the Council

(1) The objects of the Committee will be to save the chance of the press and to
stay aware of and work on the standards of papers and news associations in
India.
(2) The Committee may, in encouragement of its articles, carry out the
accompanying roles, to be specific;

(a) to help papers and news offices to keep up with their freedom;

17
 (b) to build up a code of conduct for newspaper, news agencies and
journalists in accordance with high professional standards;

(c) to guarantee with respect to papers, news organizations and writers, the
upkeep of exclusive expectations of public taste and advance a due
feeling of both the freedoms as well as limitations of citizenship;
(d) to support the improvement of a sense of responsibility and public
assistance among every one of those participated in the calling of
reporting;
(e) to hold under audit any improvement liable to confine the stockpile and
spread of insight about open interest and significance;
(f) to hold under audit instances of help got by any paper or news
organization in India from any unfamiliar source including such cases
as are alluded to it by the Focal Government or are brought to its
notification by an individual, relationship of people or some other
association.
(g) To embrace investigations of unfamiliar papers, including those
brought out by any consulate or other delegate in India of an unfamiliar
Express, their course and effect.
(h) To advance a legitimate useful relationship among all classes of people
participated in the creation or distribution of papers of in news
organizations
(i) to worry about advancements, for example, centralization of or
different parts of responsibility for and news offices which might
influence the freedom of the Press;
(j) to embrace such examinations as might be shared with the Gathering
and to offer its viewpoint concerning any matter alluded to it by the
Focal Government;
(k) to do such different goes about as might be coincidental or helpful for
the release of the above capabilities.

Section 14. Power to Censure

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 The Council might direct a request with the paper, or news office, the
proofreader or columnist on the receipt of a protest etc. assuming the Board has
inspiration to acknowledge that they have disturbed contrary to the rules of
publication ethics or public taste or that a boss or working essayist has perpetrated
any master bad behavior. Expecting the Board is satisfied that it is critical to do
thusly, it may, in view of inspirations to be kept recorded as a printed version, alert,
upbraid or fault the paper, the news office, the director or the essayist or aversion
the lead of the editor or the columnist 3.3.2The young persons (Harmful
Publications) Act, 1956

It is an Act to prevent the dissemination of certain publication harmful to

young persons.

"Destructive distribution" signifies any book, magazine, flyer, pamphlet,

paper or other like distribution which comprises of stories told with the guide of
pictures or without the guide of pictures or entirely in pictures, being stories
depicting completely or predominantly -

(I) The commission of offenses; or

(ii) Demonstrations of savagery of mercilessness; or

(iii) Episodes of a ghastly or terrible nature; so that the distribution overall

would will generally ruin a youngster into whose hands it could fall, whether by
prompting or empowering him to commit offenses or demonstrations of savagery or
brutality or in some other way at all.

"Youngster" signifies an individual younger than twenty years.

3.4 GOVERNMENT POLICIES AND PROGRAMMES

3.4.1 Freedom of Press and Freedom of Information and the National Commission
to Review the Working the Constitution (N.C.R.W.C)

Article 19(1)(a) refers to ‘freedom of speech and expression’. It is

recommended that the article should explicitly incorporate the opportunity of the
press and different media, the opportunity to hold assessment and to look for, get
and bestow data and thoughts. It is likewise proposed to correct article 19(2) by
including a further limitation exposure of data got in certainty with the exception of

19
 whenever expected in broad daylight interest. The Commission suggests that article
19(1)(a) and (2) be changed .

A simple regulation by the Parliament by changing the Scorn of Courts Act,

1971 alone may not do the trick in light of the fact that the force of the High Court
and the High Courts to punish for contempt is recognized in the Constitution.
Therefore, the Commission prescribes that a proper stipulation to article 19(2) of the
Constitution might be added as under:-

“Provided that, in matters of contempt, it shall be open to the Court to permit

a defence of justification by truth on satisfaction as to the bona fides of the plea and
it being in public interest.”

3.4.2 MEDIA FREEDOM AND REGULATION

Under the Constitution of India, Media, Press, telecom, broadcasting and

cable service are regulated by the union government. The following agencies
involved in communication regulation.

● Press Council of India

● Telecom regulatory authority of India (TRAI)

20
 ● Department of telecommunication (DoT)

● Telecom commission and Prime Minister Office9

● Telecom disputes settlement and appellate tribunal (TDSAT).

Ministry of Information and Broadcasting

● Prasar Bharti Corporation.

● Advertising Slandered Council of India (ASCI)

● All India Newspaper Editors’s Conference (AINCE)Code

● Code for Commercial

● News Broadcasters Association

● Advertising Council of India

● Advertising Agencies Association of India

● The Central Board for Film Certification (CBFC)

CHAPTER-IV
MEDIA, E-MEDIA AND ITS CONVERGENCE:
MEDIA TRIAL

9 Charu Malhotra, Chronology perspective of telecommunication infrastructure develops in India, IJPA No. 3 Vol. 47, 2001.

21
4.1 INTRODUCTION
The emergence and convergence of various Media (Information and
communication technologies hereinafter referred as ICTs) such as radios, televisions,
computers, the Internet, telephones, cell phones, videos, multimedia, CD-ROMs,
software and hardware (ICT) constitutes both a challenge and an opportunity for
developing countries. ICT alone gives a strong intermingling of instruments for taking
care of data, from obtaining and creation to transmission, chronicling and stockpiling.
Joined with space innovation , it tremendously affects all parts of life by diminishing
time, distance and the data hole. It expands the degree for more noteworthy and
quicker communication inside various gatherings from various social orders and civic
establishments. Under favorable conditions, ICT can be a powerful instrument for
increasing productivity, generating economic growth by facilitating trade, transport and
financial issues, thus creating jobs and improving the quality of life of all. ICT has
brought web based business, e-learning, e wellbeing and e-maintainability, and among
numerous different things, the production of an e-society. The emergence of new ICTs
has shaped and transformed today’s society, forming new social and political
structures.

ICT have become ordinary substances in all parts of life. Across the
past twenty years the use of ICT has fundamentally changed the practices and
procedures of nearly all forms of endeavor within life, business and governance. The
manner in which these fields work today is immeasurably not quite the same as the
manners in which they worked before.

ICT created virtual communicative space that known as Cyberspace 10. It

is not limited to the operation of computer networks, but also encompasses all social
activities in which digital information and communication technologies are deployed.
It along these lines goes from modernized reservation frameworks to computerized
teller frameworks and shrewd cards. With the ‘embedding’ of digital facilities in more

10 Thomas Ploug , Ethics in Cyberspace: How Cyberspace May Influence Interpersonal Interaction,Spiringer Pub.p.70

22
 and more objects (from microwave ovens to jogging shoes), these acquire intelligent
functions and communicative capacities and begin to create a permanent virtual life-
space. The issue of the administration of the internet arises in numerous ongoing ICT-
banters at various levels. There is the check progressive place that considers
cyberspace4 an absolutely new and outsider region where customary standards don't
have any significant bearing. Be that as it may, but alluring this approach might appear,
assuming that more individuals are to utilize the internet this is probably going to
require public and corporate policymaking. This is similarly the situation assuming that
the internet is to be safeguarded against exceptional open doors for crime. The internet
is seen by the computerized pilgrims as the last 'electronic' outskirts, however the
internet likewise colonizes our non-augmented simulation and in case it thoroughly
controls day to day existence it should be administered by standards and rules.

4.2 HUMAN RIGHT AND TRIAL BY MEDIA

The right to a fair preliminary on a crook accusation is considered to begin running

not "just upon the legitimate lodging of a charge yet rather on the date on which State
practices significantly impact what is happening of the individual concerned. " This
could obviously coordinate with the preview of catch, dependent upon the states of the
case. Fair starter affirmations ought to be seen from the second the assessment against
the impugned starts until the criminal methodology, including any appeal, have been
done. The capability between pre-fundamental methodologies, the veritable starter and
post primer techniques is sometimes clouded in all honesty, and the encroachment of
opportunities during one stage could well influence another stage. In any case the most
relevant articles of the ICCPR can be vaguely apportioned into those three groupings
and the separation is a portion of the time obliging for the purposes behind distinctive
which issues will be explicitly critical during different time frames of the primer cycle
trial process.11

4.3 MEDIA AND STING OPERATION

11
44
Lawyers Committee for Human Rights ,What is fair trial, Basic Guide to Legal Standards and Practice,march 2000This guide
was originally prepared by Jelena Pejic in 1995. It was updated by Vanessa Lesnie in 1999

23
 The emergence and convergence of various Media (Information and
communication technologies hereinafter referred as ICTs) such as radios, televisions,
computers, the Internet, telephones, cell phones, videos, multimedia, CD-ROMs,
software and hardware (ICT) constitutes both a challenge and an opportunity for
developing countries. ICT alone gives a strong union of instruments for taking care of
data, from securing and creation to transmission, filing and stockpiling. Combined with
space technology1, it has an enormous impact on all aspects of life by reducing time,
distance and the information gap. It expands the extension for more noteworthy and
quicker cooperation inside various gatherings from various social orders and civic
establishments. Under favorable conditions, ICT can be a powerful instrument for
increasing productivity, generating economic growth by facilitating trade, transport and
financial issues, thus creating jobs and improving the quality of life of all. It builds the
degree for more noteworthy and quicker communication inside ICT has brought
internet business, e-learning, e wellbeing and e-supportability, and among numerous
different things, the production of an e-society. The emergence of new ICTs has
shaped and transformed today’s society, forming new social and political structures.

CHAPTER -V
EFFECT OF MEDIA TRIAL

5.1 INTRODUCTION

‘Law is the king of kings’, ‘law is supreme’, these are the intrinsic principles in
a democratic set up. The Indian Constitution, by enshrining the procedure followed by law,
holds all branches of government accountable and raises them to the level of the precedents
established by the Indian judicial system. Technology and the rise of electronic media have
had far-reaching effects on every sector of society, including the administration of justice,

24
which has had to adapt to a new set of obstacles. Freedom of press, even judicial decisions in
India have construed Article19(1)(a) as include this as component of the freedom of
communication even if it is not explicitly stated in the Constitution. 12 This evolved into
additional constitutional dawn of fourth pillar of the state. Originally, the role was to shield
the democratic principles and make other organs accountable to the people. In this
progression, media attained importance in the world. Because of commercialization, Media
houses were owned by businessmen who took the benefit of technology and non-existent of
laws regulating media. In contemplation of freedom of press and nullity of control on it,
media became powerful overnight and started intervening in the activities of other pillars of
the state.

Media trials are questioning the very existence of criminal justice

administration system and has made judiciary just a quiet viewer owing the banner of
freedom of uncontrolled press. Media trials affect the administration of justice in different
perspectives. These perspectives are as under;
1. Effect on Accused
2. Effect on Victim
3. Effect on Judiciary

5.2 IMPACT ON ACCUSED

The “fourth pillar” of democracy is the media., is integral to our daily lives and
serves as a reflection of our society. It can sway public opinion and spark a paradigm shift in
how people think. The media’s ability to both enhance and detract from a person’s reputation
extends beyond the ink on its page to the microphone in its hand. As a matter of fact, it can
bring about political revolutions! A liberated press is necessary for a functional democracy.
The media in India have long taken advantage of the fact that Article 19(1)(a) of the Indian
Constitution guard press freedom alongside freedom of speech. Nonetheless, the right to
privacy has been partially preserved by the judiciary under the Tort Law 13, Article 21, and the
rational constraints scheduled under Art. 19(2) of Indian Constitution.14

12 Indian Express Newspaper v. Union of India(1985) 1 SCC 641

13 vailable at https://hptechlaw.com/blog/2021/8/16/invasion-of-privacy;
14 Restrictions like defamation, contempt of court, decency, morality etc are provided under Art 19(2) of
Constitution of India

25
5.2.1. Infringement of Right to Fair Trial

The trial that will take place in the media will begin a very long time before
the actual trial that will take place in the courtroom. The media regularly runs parallel
operations in order to either increase their readership or influence the outcome of legal
proceedings in areas such as arrest, bail, search, confessional confessions, and questioning.
Locations where such procedures are carried out include: The task of limiting potentially
prejudiced publication is on the trial court, which is mandated by the constitution to do so.
However, because of this burden, the trial court may find itself unable to fulfil its
constitutional mandate. It disregards the fundamental precepts of natural justice, such as
follows: The fundamental principles that underpin our legal system are the presumption of
innocence until guilt is established and the obligation that guilt be established away from a
shadow of a doubt.15Since the media and the court carry out public obligations, they should
be allowed to continue to exercise their independence and freedom of action without being
subject to any intervention or pressure from the outside world. The media received a censure
from the Supreme Court for running a story that discussed the prosecution’s grounds. When
granted anticipatory bail to a suspect in a dowry killing case, this objection was made which
is now in session before the court in Kolkata. An interview with the dead individual’s family
served as the article’s primary source material. The article touched on the merits of the
pending case. It was discovered that the facts given were biased, and only they could be used
in the next trial, which would be detrimental to the process of holding a fair trial. 16A trial is
an event that serves to guarantee that the organization of justice is carried out correctly. The
word ‘trial’ refers to all judicial proceedings. When it comes to communicating court
proceedings to the population at large, transparency and media play a crucial role. Judicial
autonomy is of the utmost importance in our society; nonetheless, there are numerous
occasions in which legal autonomy has been justified while the media has interfered with the
judicial system. As used here, ‘trial by media’ often refers to a criminal trial when there has
been extensive media coverage of the defendant, or where the media has had an impact on the
outcome of the trial.

5.2.3. Consequence on the right to reputation, respect and dignity of Accused:

15 http://www.lexology.com.library/detail.aspx?g=52a59428-9ce1-4fe5-8af9-f10750d37ca4
16 MP Lohia v State of West Bengal Civil Appeal 219 of 2005

26
 Another important negative impact of media trial which falls on accused is
on his reputation and dignity. Article 21, also known as the ‘right to life’ comprises the ‘right
to reputation as well as a dignified life’ as its components. The Supreme Court of the United
States has decided that the reputation of a person in their community is more important than
the property that they own. The court reached out to its judgment that It’s hard to ignore the
fact that everyone has the right to speak freely and express is a right that is immensely
esteemed and treasured. However, the court also decided that the right to free speech cannot
be taken to mean that one citizen has the right to slander another citizen. But during media
trial this basic right of the accused is violated many times. The accused of Godra riots i.e. Mr.
Narendra Modi, even after getting a clean chit from the High Court could not get clean chit
from many people who still believe that Mr. Modi was mastermind of the riots.

In Nupur Talwar v Central Bureau of Investigation 17, in which a 14-year-old

schoolgirl was murdered in her house, pushed the state of biased journalism to a negligible
level. Aarushi and her parents had their private lives invaded by the media, which also
published Aarushi's personal correspondence and portrayed Aarushi's father as a psychopath.
Aarushi's mother was also portrayed as a murderer.

The court has not ruled whether or not the accusations against the victim’s
parents that they murdered their daughter are true. It has been suggested that the parents of
the victim are responsible for the crime. Due to media interference, the victim’s parents were
given life sentences; they have since appealed the verdict. Following the hearing of the
appeal, the Allahabad High Court came to the termination that the CBI had not provided
evidence that was adequate to set up the parents’ culpability further than a reasonable doubt,
and therefore acquitted the parents of Arushi Talwar. However, that verdict was not
successful in giving them a life that is respectable once again. In the case of Arushi Talwar,
the negative outcome was brought about by the media when they falsely accused the victim’s
parents of murdering their daughter before the verdict was handed down by the court.
17 NupurTalwar v Central Bureau of Investigation and Another (AIR 2012 SC 1921)

27
5.2.4. Infringement of Right to Privacy:
The parallel trial conducted by media houses results in the contravention of
the accused person’s privacy rights. The issues blown out sensationally by the news channels
just to gain more TRP clearly violates the fundamental right of privacy of the accused. Very
recently, In the Sushant Singh Rajput’s suicide case 18, the accused (his girlfriend) rhea
chakraborty is declared murderer of the late actor by the media channels while the trial is still
pending in the court. The personal chats, the call details, the bank account transactions; every
important evidence was made public on the news channel. In high profile cases, by giving
unnecessary coverage to the incident social pressure is put on the accused and his right to
privacy is violated. When it comes to the media, public personalities who have slander rights
against defamation are in a more precarious and vulnerable position than other people.

The same thing happened in the ‘brave hearted girls’ incident in Rohtak (Haryana) 19 which is
briefly discussed in above point also. The identity of the accused boys was made public. As a
result, the two boys who were came just after clearing the army’s physical exam were banned
by army for written exam. The third boy who was student of a college, his parents refused to
pay his college fees just because of the fear of insult. The media houses that were came in
support of Rohtak sisters and made them hero in the eyes of public. Why the same media
houses didn’t give that much space to the story of the accused boys who were publically
ashamed? Why not media channels created pressure on the government as well as society to
bring back the respect of the boys?.

5.2.5. Mental Trauma to the Accused and his family:

Attempts by the media to create exaggeration don’t comprehend that what
mental traumas can media trials give to the accused whose trial is still pending in the court.
There are many cases where at the end of the court trial the accused was declared innocent by
the court, but he was declared as a criminal in the eyes of public even before initiation of his
formal trial. Once Israel Prime Minister said, ‘Even if truth is on your team, you still need to
present yourself as being right.’ This announcement clearly shows the power of media trials.
It can make someone as Hero and on the next second can turn him as villain. The Media

18 Rhea Chakraborty vs. State of Bihar and Ors. (19.08.2020 - SC) : MANU/SC/0597/2020
19 Available athttps://thelogicalindian.com/news/rohtak-sisters/;

28
Trials overshadows the court’s verdicts and whenever there arises question of ethics; media
covers it under the blanket of free speech. In limelight cases if the accused is a celebrity the
situation is even worse. The journalist follows them everywhere, every small details are
telecasted with eye catching headlines just to gain TRPs. There are many cases where the
accused were declared innocent by hon’ble court but the media houses never paid attention
towards this drawback of media trials.

AK Ganguly Case 20Justice Asok Kumar Ganguly served as a judge on the

Supreme Court of India before he became formerly serving as the West Bengal Human
Rights Commission’s chairperson. During his time on the Supreme Court, he rendered
decisions in several high-profile cases, such as the one involving the 2G spectrum. During her
time as an intern at the Supreme Court, a woman alleged that She was molested by a recently
former judge. The apex court then selected a three-person team to look into the accusation,
and that panel finally decided that A. K. Ganguly was the harasser in question. He has
categorically rejected each and every accusation. Later on, he was indicted by the committee
after they decided that the claim made by the intern in December 2012 that he had engaged in
‘unwelcome sexual activity’ with her was credible and that he should be punished for his
actions. He submitted his resignation as the West Bengal Human Rights Commission after
the Central Government decided to request a Presidents Referral to the Highest Court for his
dismissal. Although the intern refused to have her police report recorded, he was found not
guilty on all charges and acquitted.

5.3 IMPACT ON VICTIM

The facts produced by media fetch sexual offences in limelight before

general public. Just to attract the viewers, twisted information is adjoined with the report,
20 A KGanguly V. State of West Bengal &Ors W.P. 27235 of 2016

29
which indirectly discloses the identity of the victim. There have been some trials which are
telecasted like daily TV soaps, making a TV series of victim as well as accused person’s life.
One of the famous trial is trial of OJ Simpons’s, 21 , the famous football star’s trial started as a
murder case but ended in a race issue. In India too, there was same situation in the Arushi
Talwar22 Murder case where news channels, twisted the trial into a highly emotional hindi
serial drama and taglines like ‘maa-baap hi nikle katil’ and ‘it was the father’ to attract
viewers. Although, CBI later declared the parents not guilty yet, the reputation of Talwar
couple was forever destroyed because of sensationalized taglines of the news channels. After
the Anti-Rape law amendment23, amendments in The Criminal Procedural Code, 1973 and
The Evidence Act, 1872 were made, and disclosing identity of victim was made punishable
but that was not enough to stop media from making victim’s name public. Recent media
reports on the Rewari gang rape case were strongly noted by the highest Court. The court
stated that the headline implies the victim was a topper in a CBSE exam. One person, not
twenty, is considered a topper. Therefore, it is not difficult to recognize her. Furthermore,
we've seen it on television that they also spoke with the girl's father. The father was
positioned in front of the cameras. However, he was confronted by close to 50 villagers who
were gathered ahead of him.

In Province of Uttar Pradesh v. Raj Narain 24, The most noteworthy court in
India came to the conclusion that In addition to defending one’s right to free speech and
expression, Article 19(1)(a), but it also guard an individual’s right to accept information on
matters that pertain to issues that are of awareness to the general public. On the other hand,
concerns about finding a balance between the right to know and the right to seclusion have
been voiced more recently. In response to controversies such as those involving the Radia
tapes, these questions have been brought to light.

5.4 IMPACT ON JUDICIARY

After discussing the impacts on victims and accused, now the question arises whether a trial
conducted by media ‘subconsciously or unconsciously’ affect the judges? This is always a
question of debate that media trials influence judges or juries at least subconsciously or
21 People of the state of California v. orenthal James Simpson (1994);
22 Nupur Talwar v. CBI (2012) 11 SCC 465
23 The Criminal Law(Amendment) Act,2013, w.e.f.3.02.2013;
24 https://www.lawctopus.com/academike/media-trials-and-the-rights-of-the-accused

30
unconsciously as they are also human beings. The different countries have different views
about the influence of views of judges by media trials or publications. ‘At one hand, as per
American analysis, judiciary is not answerable to be prejudiced by media pamphlet,
Conversely, however Indian views are same as Anglo-Saxon view; which says that any
person including judges got influenced. The rate of getting influenced may vary i.e.
subconsciously or consciously’

The same view was accepted by the Apex Court of India in Reliance
Petrochemicals Ltd. v. proprietors of Indian Express 25 where The Indian Express Newspaper
is not allowed to publish any articles, comments, reports, or editorials on the topic of the
public concern the corporation is facing after the Supreme Court issued an order prohibiting
such publication. The order to exercise restraint was initially issued by the Supreme Court at
the same time as a civil matter was still in the process of being adjudicated. in light of a
choice that was arrived at an earlier point in time P.C. Sen(in re) 26; here, the Chief Minister of
West Bengal defended the state’s Milk Products Control Order, 1965 on the radio while a
writ petition challenging the order was pending in the Calcutta High Court. He was found to
have violated court orders by both the High Court and the supreme court, but the High Court
did not punish him for it. Following an appeal, supreme court concluded that the speech
given by the chief minister was likely intended, at the very least, to impede the fair justice
administration. During the trial procedure, it was claimed that there is no way to differentiate
between whether a case can be tried by a judge or a jury based on the ground itself. If a
particular conduct has a tendency to affect the jury, then it probably also has a similar
tendency to influence the judge.It was held that;

Our opinion is that it does not make sense to make a distinction between situations in
which a case can be decided with the assistance of a jury and those in which it can be
decided by a judge or judges when it comes to whether or not comments on an
ongoing case or abuse of a party can be considered an act of contempt. It would
appear that the Supreme Court has acknowledged the possibility that judges are
susceptible to being subtly swayed in their decisions.

25 1988(4) SCC 592

26 In Re P.C. Sen; AIR 1970 SC 1821

31
 It was the view of former Supreme Court Justice Frank further, as well as
former House of Lords members Lord Scarman and Lord Dilhorne, that judges are likely to
be ‘subconsciously’ affected. According to Justice Frankfurter, the actions of the media can
be expected to have the effect of interfering with the ability of the court to make decisions
based only on the evidence that is presented to it in the course of its proceedings. This is the
case due to the fact that the actions taken by the press can be reasonably predicted to have
this consequence.

In Harijal Singh v. Vijay Kumar 27 , The highest court in the land ruled that
members of the media or journalists do not have any unique or privileged access to freedom
of expression, and that the same constitutional protections apply to them as they do to every
other citizen. There is no specific immunity or privilege accorded to the media in regards to
legal matters.

27 1996 (6) SCC 466

32
 CHAPTER VI:

JUDICIAL APPROACH ON FREEDOM OF MEDIA AND MEDIA

TRIAL

6.1. LEGAL METHODOLOGY ON OPPORTUNITY OF MEDIA

The fundamental thought of the right to speak freely of discourse and

articulation is basically as old as the human civilization. In India, before free there was
no Constitution al or statutory guarantee of individual or media freedom. At the most
some English common law
freedom could be taken by the press as was observed by the privacy council –the Apex
Court of for India then in- the following words28:

The opportunity of the writer a common piece of the opportunity of the

subject and to anything length the subject might go, so additionally may one
columnist separated from states his honor is no other and no higher. The scope
of his declarations, his analysis or his remarks is a wide as, and no more
extensive than, that of some other subject.

The opportunity of media however not explicitly expressed in that frame

of mind) of the Constitution as such has been placed on a high platform by
legal translation subsequently justifying the perspective on Dr. B.R. Ambedker
communicated in Constituent Get together . In a help of headings from 1950
onwards, the Summit Court has decided that the opportunity of media for
example press is verifiable in the assurance of the right to speak freely of
'discourse and articulation', and thusly opportunity of media by legal translation,
can now be viewed as one of the right guaranteed by the Constitution of India.

28 Channing Arnold V. Emperor, AIR 1914 P.C. 114 at 117 as cited in K.D. Gaur, Constitutional rights and freedom of
media in India, 36 JILI, pp. 429-452 (1994)

33
 The significance of the opportunity of press in majority rules system as was
India time and again recognized, stated, re-stated and confirmed by the Apex Court
despite the fact that the Art. 19(1)(a) does not contain any specific enumeration of this
freedom. As and when called upon to do so, the Court have annulled the legislative
instruments and administrative actions which seek to impinge on the freedom of media
i.e. press because it was recognized that this freedom is absolutely imperative for the
system of parliamentary democracy envisaged in the Constitution.29

To be sure, as no opportunity is outright and needs to expose to sensible

limitations, the opportunity of media likewise is dependent upon sensible limitation and
guideline however those limitations should unequivocally fall inside no less than one
heads not entirely set in stone in Craftsmanship. 19(2) of the Constitution of India and
should be sensible and not unnecessary or disproportional. The system and the way of
burden of the limitation or guideline, on the opportunity press has likewise to be
simply, fair and sensible. The legitimacy of the limitation is of reasonable. How the
legal executive in the nation has been strong of assurance of this right can be
represented by reference of some leading judicial pronouncement classified (I) In
general (II) on media trial.

6.2. LEGAL METHODOLOGY ON LAWFULNESS AND

OPPORTUNITY OF MEDIA OVERALL

Soon after the Constitution of India come into force the Apex Court was
required to examine whether the restriction could be imposed outside the scope of
clause (2) of Art.194. In Romesh Thappar vs. State of Madras30 is one of earliest case
in which the Supreme Court laid down an important principle and giving restrictive
interpretation of clause (2) of Art. 19 said that if the law being applied is not sectioned
by the Constitution, it must be held to be wholly unconstitutional and void. In other
words, what the Court said was that the clause (2) of Art. 19 having allowed the
imposition of restriction on the freedom of speech and expression for specified
purpose, any law imposing restriction which are capable of being applied to causes

29 Justice G.S. Singhivi, Role of Media in Indian Democracy, Protection under19(1)(a) and Abuse of such
freedom, IJFJS (2009)
30 AIR 1950 SC124

34
 beyond the express purpose cannot be held to be Constitution al or valid to any extent.

Again the Supreme Court of India in May, 1950 had to resolve the tension
between freedom of expression and censorship. In Brij Bhushan V. state of Delhi 31,
section 7(1)(c) of The east Punjab safety Act, 1949, provide for submission of material
of scrutiny it the government was satisfied that such action was necessary for the
purpose of preventing or combating any activity pre-judicial to public safety or the
maintenance of public order. The Court declared the statutory provision in question
unConstitution al on the ground that the restrictions imposed were outside the preview
of Article 19(2), which did not include public order as a permissible head of restriction.

The Parliament was, however, quick to react, Article 19(2) was amended by the
Constitution (First Amendment) Act 1951, with retrospective effect on 18 th June, 1951.:
The subbed Article 19(2) then read as follows:

"(2) Nothing in sub-condition (a) of Arrangement (1) will impact the movement of any
ongoing guideline, or hold the State back from making any guideline, to the degree that
such guideline force sensible limitations on the activity of the right presented by the
said sub-proviso in light of a legitimate concern for the security of the State, well
disposed relations with unfamiliar countries.

6.3 LEGAL METHODOLOGY ON OPPORTUNITY OF MEDIA AND

ITS ASPECT

31 AIR 1950 SC 129

35
 The Democracy is based on essentially on freedom of discussion and
open conversation, for that is the main restorative of government activity in a majority
rule set up. Expecting vote based framework suggests organization of people, by
people and for people obviously every occupant ought to be equipped for participate in
the greater part rule process and to empower him to smart activity his right of going
with a decision, free and general conversation of public matter is significant 32.The apex
Court of India has contribute a lot to develop the law and expansion of freedom of
speech and expression and declared that it includes right to receive, collect,
disseminate information propagate, freedom of press 33. The freedom of speech and
expression has been given paramount importance by the Supreme Court and it has
given landmark judgments to develop the dimension of freedom of media and declared
that the following rights and freedom of media is a species of freedom speech and
expression:

The Superintendent, Central Prison, Fatehgarh v. Ram Manohar Lohia, 34 In this

case Ram Manohar Lohia, the respondent, was the general secretary of the Socialist
Party of India. The Uttar Pradesh Government had enhanced the irrigation rates for
water supplied to farmers from canals. The Communist Coalition chose to begin a
fomentation against this climb. As such, the respondent addressed two public meetings
in Farrukhabad, wherein he instigated the audience not to pay the enhanced irrigation
rates to the Government.

Subsequently, he was arrested. The respondent filed a petition before the High
Court for a writ of habeas corpus on the ground inter alia, that section 3 of the Uttar
Pradesh Special Powers Act, 1932 (Act XIV of 1932), under which he was prosecuted
for delivering the speeches, was void under the Constitution .

32 Maneka Gandhi Vs. Union of India ,AIR 1978 SC 5976(Justice P.N.Bhagwati)

33 Dinesh Trivedi Vs. Union of India ,1977,4 scc 306,Association for Democratic Reforms Vs. Union of India AIR
2001Del.137
34 1960 SCR 821

36
 The impugned section 3 reads as follows:-

“"Whoever, by word either expressed or composed, or by signs or by apparent

portrayals, etc., affects, explicitly or by suggestion any individual or class of people not
to pay or to concede installment of any risk, and whoever really does any
demonstration, with purpose or realizing that it will generally be possible that any
words, signs or noticeable portrayals containing such impelling will in this way be
imparted straightforwardly or by implication to any individual or class of people, in
any way at all, will be culpable with detainment which might reach out to a half year,
or with fine extending to Rs. 250 or with both.”

The Supreme Court held that even though all the grounds specified in Article
19(2) of the Constitution on the basis of which reasonable restrictions on the right to
freedom of speech can come under public order, yet the term is distinct from the other
terms and must be ordinarily read to mean public peace, safety and tranquility and not
national disturbances like transformation, common conflict and war, influencing the
security of the State.

CHAPTER-VII
CONCLUSION AND SUGGESTIONS

The freedom of speech and expression has been characterized as "the

37
 actual existence of common freedom" in the Constituent Gathering Discussions. The
opportunity of the press, while not perceived as a different opportunity under Crucial
Privileges, is collapsed into the right to speak freely and articulation. The High Court
has described this freedom as the “ark of the Covenant of Democracy”. 35 The freedom
of the press serves the larger purpose of the right of the people to be informed of a
broad spectrum of facts, views and opinions. It is the medium through which people
gain access to new information and ideas, an essential component of a functioning
democracy. Thus, “the survival and flowering of Indian democracy owes a great to the
opportunity and force of our press." The Media is imperative in the job it plays in
uncovering the truth and rousing public opinion, especially in the face of wrongdoing
and corruption. Numerous examples exist where the media has played a central role in
revealing corrupt practices and shaping the demand for accountability and good
governance. In India today, we have every reason to celebrate our news media.
However, as society evolves, new challenges are constantly thrown up that require
consideration. The Information Technology have expanded horizons, but also brought
with it new challenges, recent events related to the news media, such as the
proliferation and subsequent curbing of social media, the paid news phenomenon, fake
sting operations, trial by media, breach of privacy, etc. The most reasonable method for
controlling the media will be to practice the hatred purview of the Court to rebuff the
individuals who disregard the fundamental set of rules. The utilization of scorn powers
against the media channels and papers by Courts have been supported by the High
Court in various cases as has been brought up before. The media can't be allowed the
option to talk uninhibitedly of talk and explanation to a degree as to predisposition the
real starter. An ideal proposal will be that the Indian press and the Indian people are not
at present democratic enough to allow the press to intrude in the judicial process. What
will an ideal proposition is to not allowing the media trial at this moment. It's certainly
an optimal recommendation to permit controlled media detailing of the cases once the
media should emerge from the benefit and electrifying contemplations. The media
needs to assume the part of a facilitator as opposed to shifting the scales for either
party. Trial by Media.36

35 Bennett Coleman & Co. v Union Of India, AIR 1973 SC 106. 4 Amartya Sen, “The glory and the blemishes of the
Indian news media”, The Hindu, April 25, 2012
36 200th sReport of Law Commission of India

38
 Trial by Media and Rights of the Accused It needs to be careful and cautious
in its conduct. The solution lies not in the curbing of media freedom altogether but in
making efforts to make it more responsible. No person charged of a n y crime should
be judged by the media because that person is innocent until proven guilty, and it one
the basic premise of criminal jurisprudence. The Global Contract on Common and
Political Privileges, 1966 (ICCPR) was sanctioned by India in 1976 and it states in
Article 14(2) that "Article 14(2): Everybody accused of a criminal offense will reserve
the option to be assumed blameless until demonstrated blameworthy as per
regulation."

BIBLOGRAPHY

o Aggarwal, Vir Bala (2002) : “Media and Society Challenges and Opportunities”,

New Delhi : Concept Publications.

o Basu, D.D. (1980) : “Law of Press in India”, New Delhi : LexisNexis

Buttersworths.

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o Basu, Durga Das (2002) : “Shorter Constitution of India” New Delhi: Wadhwa

Publications.

o Bhasin, Lalit (2010): "Media World and Regulation", New Delhi: All inclusive

Regulation Distributing Co. Pvt. Ltd.

o Bhattacharjee, Arun (1972) : “The Indian Press Profession toIndustry”, Noida

(New Delhi) : Vikas Publications.

o Chabbra, G.S. (1973) : “Advanced Study in the Constitutional History of India”,

Delhi : Prakah Brothers.

o Dash, Ajay (2007) : “Sting Operations and Law”, New Delhi : Discovery

Publishing House.

o Gour, H.S. (1998) : “Penal Laws of India”, Delhi : Delhi LawHouse Pvt. Ltd.

o Joshi, Uma (1999) : "Course book of Mass Correspondence andMedia", New

Delhi : Anmol Distributions Pvt. Ltd.

o Madabhushi, Sridhar (Dr.), (2007) : “Law of Expression (An Analytical Study of

Laws for Media)”, Hyderabad : Asian Law House

WEBLIOGRAPHY

1. www.indiakanoon.com.

2. www.knowledgeworld.com

3. www.searchengine.com

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4. www.wikipedia.org

5. www.lawteacher.com

6. www.indianlawjournal.com

7. www.thehindu.com

8. www.timesofindia.com

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