When charges are made public, the media automatically reverts to the basic elements of storytelling and casts the lawsuit in traditional protagonist-antagonist terms. The defendant, simply by being on the wrong side of the “v,” becomes the “villain” to the plaintiff’s “victim,” whether or not the actual charges have any factual basis or legal merit. The same is true for litigation involving celebrity defendants. Criminal contempt has further been divided into three types: # Hindering the administration of justice. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on the UKDiss.com website then please: Our academic writing and marking services can help you! Fact Check, Ransomware crooks offer $1 million for “partners in crime”. In stifling all criticism by the threatened exercise of the power of contempt, the issue in a democratic society is ultimately one of the accountability of the judiciary itself. The media cannot be granted a free hand in the court proceedings as they are not some sporting event.. . The most suitable way to regulate the media will be to exercise the contempt jurisdiction of the court to punish those who violate the basic code of conduct. The media can be commended for starting a trend where the media plays an active role in bringing the accused to hook. What it is and how to remove it. Trial is a word which is associated with the process of justice. Media plays a vital role in molding the opinion of the society and it is capable of changing the whole viewpoint through which people perceive various events. Every institution including the judiciary has its share of black sheep and corrupt judges. Trial is very much effected by the Media sensation. You can read more about us and our site by visiting our, ThatsNonsense.com is based in the UK and Craig Charles Haley currently serves as the site editor. Freedom of media is the freedom of people as they should be informed of public matters. Fact Check, Was Joe Biden wearing a hidden wired earpiece during debate? Litigation involving well-known companies or individuals always has grabbed the attention of the news media, especially when it involves sensational charges. However the freedom is not absolute as it is bound by the sub clause (2) of the same article. Media has now reincarnated itself into a ‘public court’ (Janta Adalat) and has started interfering into court proceedings. This is not an example of the work produced by our Law Essay Writing Service. What would happen to this right if the press may use such a language as to influence and control the judicial process? However the right it freedom and speech and expression does not embrace the freedom to commit contempt of court. Some famous criminal cases that would have gone unpunished but for the intervention of media are Priyadarshini Mattoo case, Jessica Lal case, Nitish Katara murder case and Bijal Joshi rape case. People trust media and have faith in their separate investigations. When talking about the testimony of Dr. Irwin Golden, who was the coroner in the Simpson case, juror Marsha Rubin-Jackson said: But it comes to the point in this particular case where Dr. Golden has made thirty errors. VAT Registration No: 842417633. This provision owes its origin to the principle of natural justice; ‘every accused has a right to a fair trial’ clubbed with the principle that ‘Justice may not only be done it must also seem to be done’. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. This would not only regulate the accountability of investigator official towards us but also help criminal courts do their jobs with complete harmony and peace. Should anonymity be allowed on the internet? . there are few reporters those showing only those news for what they have been paid by political parties. These stories rarely are counterbalanced by positive stories about the defending company. In your view, what is the reason behind it? Many defense attorneys in high-profile cases, though, flinch at the idea of saying anything to reporters out of concern that such conversations could be misconstrued as an attempt to affect the jury pool or persuade a judge or jury. A larger issue is the complex nature of juror bias and how that bias predisposes a juror toward one side in a case. The publisher of an offending article cannot take shelter behind the plea that the trial to which the article relates to isn’t then in progress nor immediately to be begun but it has to occur at a future time. It hampers the complete administration of courts and their decisions. Even if they did, reporters often do not see corporate litigation victories as particularly newsworthy. It brings only what is happening around and make the legislatures and government answerable for the act of them. The primary problem lies in our constitutions which grants right to public trials. In covering litigation, particularly corporate litigation, the media has an inherent bias that favors plaintiffs. Pattabhiram and Anr. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Media has wide ranging roles in the society. Even if the person making the comment honestly believes it to be true, still it is a contempt of Court if he prejudices the truth before it is ascertained in the proceedings. If such cases are allowed to be successful will be that the persons will be convicted of offences which they have not committed. But in so stating the law we must bear in mind that there must appear to be ‘a real and substantial danger of prejudice’.”. The use of contempt powers against the media channels and newspapers by courts have been approved by the Supreme Court in a number of cases as has been pointed out earlier. It’s a win-win for both of us. [ii] , where in it was observed by the learned judge that: “ …… When litigation is pending before a Court, no one shall comment on it in such a way there is a real and substantial danger of prejudice to the trial of the action, as for instance by influence on the Judge, the witnesses or by prejudicing mankind in general against a party to the cause.

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