Media trials, where media outlets conduct their own parallel investigations and pronounce judgments on individuals involved in legal proceedings, have become a contentious issue in India. This practice raises significant concerns regarding its alignment with constitutional principles, the right to a fair trial, and the potential for prejudicing public opinion.
Constitutional Framework
The Indian Constitution guarantees several fundamental rights that are directly relevant to the issue of media trials. Article 19(1)(a) provides for the freedom of speech and expression, which includes the freedom of the press. However, this freedom is not absolute and is subject to reasonable restrictions under Article 19(2), which allows limitations in the interest of contempt of court, defamation, public order, and the sovereignty and integrity of India. On the other hand, Article 21 guarantees the right to life and personal liberty, which the Supreme Court has consistently interpreted to include the right to a fair trial. Media trials—where media coverage and commentary create a parallel narrative around on-going legal proceedings can significantly jeopardize this right by influencing public opinion and potentially prejudicing judicial outcomes. This delicate balance between free expression and fair judicial process remains a crucial concern in India’s constitutional framework.
Judicial Perspectives on Media Trials
The judiciary has expressed concerns over media trials undermining the justice delivery system:
Kerala High Court’s Stance: In November 2024, the Kerala High Court criticized media outlets for acting as “kangaroo courts” by conducting media trials, emphasizing that such actions could unfairly influence public opinion and pre-judge suspects. The court underscored that determining guilt is the exclusive domain of the judiciary and urged the media to refrain from forming opinions on on-going investigations or cases.
Supreme Court’s Directive: In August 2023, the Supreme Court of India took strong exception to media trials and sought guidelines to regulate police briefings to the media, aiming to prevent prejudicial reporting that could affect the administration of justice.
Recent Developments
Several recent incidents highlight the ongoing debate surrounding media trials and their constitutional implications:
Wikimedia Foundation’s Legal Challenge: In March 2025, the Wikimedia Foundation, which operates Wikipedia, appealed to India’s Supreme Court to quash a Delhi High Court order demanding the removal of a Wikipedia page related to its legal dispute with the Indian news agency, ANI. ANI had sued Wikimedia for defamation, claiming the platform described it as a government propaganda tool. Wikimedia argued that the removal of the disputed page would stifle free speech and restrict access to knowledge.
Revocation of Journalist’s OCI Status: In March 2025, U.S. journalist Raphael Satter filed a lawsuit against the Indian government after his Overseas Citizen of India (OCI) status was cancelled following a critical article about an Indian businessman. This action is part of a broader pattern by the ruling Bharatiya Janata Party (BJP) to suppress dissent, with other journalists and academics also facing similar measures.
While the media plays a vital role in informing the public and acting as a watchdog, it must exercise its freedom responsibly, ensuring that its reporting does not infringe upon individuals’ rights to a fair trial and privacy. The judiciary’s recent interventions underscore the need for a balanced approach that respects both freedom of expression and the integrity of the justice system.
Source:
1. https://www.vidhikarya.com/legal-blog/INTERFACE-BETWEEN-MEDIA-TRIAL-AND-FREEDOM-OF-PRESS-ACROSS-DIFFERENT-TIMES
2. https://english.mathrubhumi.com/news/kerala/kerala-high-court-calls-for-responsible-journalism-in-reporting-on-criminal-trials-1.10059523
3. https://www.theguardian.com/world/2025/mar/13/us-journalist-sues-indian-government-after-losing-his-overseas-citizenship
More Current Affairs: https://learnproacademy.in/updates/