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Indian Journal of Law and Human Behavior

Volume  5, Issue 2(Special Issue), May - August 2019, Pages 207-213
 

Original Article

Media Trial: Violating the Fundamental Right of Speech and Expression

Kartikey Raja

Student, BBA, LLB 3rd Year, School of Law, Sharda University, Greater Noida, Uttar Pradesh

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DOI: 10.21088/ijlhb.2454.7107.5219.15

Abstract

“I would rather have a completely free press with all the dangers involved in the wrong use of that freedom than a suppressed or regulated press.”As beautifully remarked by the first Prime Minister of India Pandit Nehru. This paper primarily talks about the violation of fundamental right of freedom of speech and expression through media and media trial. This has been discussed in five parts i.e. (a) Evolution of Media Laws in India, (b) Free Press and Freedom of Speech and Expression, (c) Trial by Media and misuse of Freedom of Speech and Expression, (d) Subconscious effects on Judiciary, (e) India and International status with respect to media laws. Free press is the hallmark of a democratic society. It has to play a vital role in safeguarding the rights and liberties of people. The fundamental right of Freedom of speech and expression has been enshrined under the Constitution of India with regard to both the individual and the media but on the other hand this does notconfers an absolute right to speak and disseminate without responsibility whatever one wishes. This paper talks about the evolution of media laws to free press, extending the meaning of freedom of speech and expression to freedom of press, supported by case laws. Also, it talks about the contribution of media to trials in India both positively and negatively by indirectly affecting the judiciary and emerging out to be the ‘modern court of the people’. Lastly, it talks about the misuse of this freedom along with its consequences followed by international scenario.

Keywords: Evolution of Media; Free Press; Freedom of speech and expression; Media Trial; Subconscious effect on Judiciary; Fourth Pillar of Democracy; Modern court of people.


Corresponding Author : Kartikey Raja