BALANCING FREEDOM OF SPEECH AND MEDIA TRIAL: NEED OF THE HOUR

Best Citation – Ankit Ujjwal, BALANCING FREEDOM OF SPEECH AND MEDIA TRIAL: NEED OF THE HOUR, 2 IJLR 39 (2021)

ABSTRACT

In the early years of the Constitution, the Supreme Court considered that the excessive license fee for starting a newspaper was constitutionally invalid. Subsequently, in the very first decade, it was held that the Wage Board imposing an intolerable burden on a media organization, would offend the Right to Free Speech. The role of media has gained utmost importance in today’s socio-economic world especially in country like India and we all believe that “Media” is the fourth pillar of Indian Democracy. An accused is entitled to a free and fair trial and is presumed to be innocent till proven guilty by a Court of law under Criminal Jurisprudence. However, media on account of extreme coverage and crosses its limits and publishes and covers interviews of witness or relative of a victim and prejudges the issue of conviction of the accused while the matter is pending for adjudication in a court of law. This has a tendency to prejudice the mind of Court, prosecutor and general public at large. Therefore, balancing between the two fundamental rights has become certain and the time has arrived that Courts should give appropriate directions with regard to reporting of matters which are sub judice.

KEYWORDS- Free Speech, Role of Media, Judiciary, Censorship, Journalism, Fundamental Right