MEDIA TRIAL VS. FAIR TRIAL: ARE THE NEW MEDIA RESHAPING ADMINISTRATION OF JUSTICE?

by | Jan 17, 2020 | DOI 2018

Tulishree Pradhan
KIIT School of Law, Campus-16, Patia, Bhubaneswar, Odisha, India
Shuvro Prosun Sarker
WB National University of Juridical Sciences, Kolkata, India
DOI: https://doi.org/10.31410/eraz.2018.764

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4th International Conference – ERAZ 2018 – KNOWLEDGE BASED SUSTAINABLE ECONOMIC DEVELOPMENT, Sofia- Bulgaria, June 7, 2018, CONFERENCE PROCEEDINGS published by: Association of Economists and Managers of the Balkans, Belgrade, Serbia;  Faculty of Business Studies, Mediterranean University – Podgorica, Montenegro; University of National and World Economy – Sofia, Bulgaria; Faculty of Commercial and Business Studies – Celje, Slovenia; Faculty of Applied Management, Economics and Finance – Belgrade, Serbia, ISBN 978-86-80194-12-7

Abstract

Print and digital media have played a vital role in opinion building but it is often contested for having an impact on the fair trial process. This paper has put an effort to signify that the judiciary and the media are not the loggerheads contradictory to each other in the democracy; instead both complement each other. It analyses different paths through which media trials are affecting judicial decisions. Considering a wide variety of different media trial cases all across the world and its impact on judiciary, this paper emphasizes on the public interest in the fair administration of justice.


Key words

media trial, fair trial, prejudice, subjudice, free press, law of contempt

References

  1. Lord Anthony Lester is a British barrister and politician, sitting in the House of Lords as a Liberal Democrat.
  2. Alan Shadrake (born mid-1934) is a British author and former journalist, who was convicted in Singapore in 2010 of contempt of court for scandalising the Singapore judicial system, through his published views on the country’s criminal justice system. Following a failed appeal, he served 5½ weeks in prison.
  3. Divan, M. G., (2006) Facets of Media Law, Lalbagh, Lucknow-226001, pp. 50-51.
  4. Bhatia, G., (2016) Offend, Shock or Disturb, Oxford University Press, New Delhi-110001, India, pp. 239-240.
  5. Thakurta, P. G., (2012) Media Ethics, Oxford University Press, New Delhi—110001, India, pp. 512-513.​

Pradhan_Prosun Sarker_MEDIA TRIAL VS. FAIR TRIAL – ARE THE NEW MEDIA RESHAPING ADMINISTRATION OF JUSTICE_pp_764-771Download