“MEDIA TRIALS AND TEST IDENTIFICATION PARADES: AN INQUIRY INTO THE EROSION OF FAIR TRIAL RIGHTS THROUGH PREJUDICIAL PUBLICITY”
AUTHOR – MS. GEETIKA RAJPUT* & MS. SHAILJA KHOSLA**
* B. COM LLB (H), STUDENT AT AMITY UNIVERSITY, NOIDA
** MA.LLM, ASSISTANT PROFESSOR III AT AMITY UNIVERSITY, NOIDA
BEST CITATION – MS. GEETIKA RAJPUT & MS. SHAILJA KHOSLA, ““MEDIA TRIALS AND TEST IDENTIFICATION PARADES: AN INQUIRY INTO THE EROSION OF FAIR TRIAL RIGHTS THROUGH PREJUDICIAL PUBLICITY”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 20-32, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
In highly profile legal proceedings, when there is extensive media coverage often shapes public perception, also influencing the judicial process itself. This phenomenon, known as a “media trial,” occurs when the media presents narratives that may sway public opinion about an individual’s guilt or innocence before the court delivers its verdict. [1]This givesImpact on Public Perception and Judicial Integrity.
Establishing clear guidelines for media interactions with law enforcement and judicial bodies is essential to prevent the detrimental effects of media trials on both public perception and the administration of justice.[2] The Test Identification is a procedure used in criminal investigations when a witness identifies the accused from a line-up, is one of the main areas where media intervention can be harmful. The witness must not have previously seen the accused in order for TIP to be considered trustworthy. However, the witness’s memory may be influenced if the accused’s face is constantly displayed on TV and social media. This issue, which is referred to as the “reverse influence” problem, occurs when the media distorts or even alters what a witness thinks they saw, undermining the veracity of their account. This study examines the potential effects of media publicity on trial fairness, specifically with regard to TIP and other early stages of an investigation. The research also examines possible reforms that could ensure the integrity of the legal system and freedom of journalism, including improved media and law enforcement training, legislative safeguards like gag orders, and anonymizing the accused before TIP.
Key Words – Prejudicial publicity, Contaminated identification, Trial by media, Presumption of guilt vs. innocence, public shaming and social media justice.
[1] Nariman, Fali S., “Are Impediments to Free Expression in the Interest of Justice,” CIJL Yearbook, Vol 4, 1995
[2] “Media Trial And Its Impact on Evidence” accessed September 28, 2022