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Indian Journal of Law and Human Behavior

Volume  5, Issue 2(Special Issue), May - August 2019, Pages 271-276
 

Original Article

Checks and Balances between Judiciary and Media Trail

S Kavin1, S Priyanka

1,2BCA LLB, The Tamil Nadu Dr. Ambedkar Law University, Chennai, Chennai, Tamil Nadu

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DOI: 10.21088/ijlhb.2454.7107.5219.26

Abstract

Journalism is considered as fourth pillar of democracy, the other three being legislature, executive and judiciary. The freedom of press is of utmost importance for a democratic society to be a effective one. A free exchange of information and knowledge, debating, ideas and expression of different viewpoints is important for smooth functioning of democracy. Only when there is a swirl of different thoughts and information, people will be able to exercise their rights and questioning decisions of government1. Such environment can be created only when there is freedom of press. Journalism which was previously limited only to press, now includes even electronic media, also freedom of writing, printing, drawing, pictures, film, movie, word of mouth, communication and right etc. Legal provisions and constitutions take up the responsibility to protect freedom of press. There is no express provisions anywhere that states or protects the freedom of press, but there is one implied provision that confers this right i.e, under article 19(1)(a)2, which states- “All citizen shall have the right to freedom of Speech and Expression.” No freedom can be absolute, even right to freedom of press is not absolute.

Keywords: Media trial; Freedom of press; Judiciary; Fair trial.


Corresponding Author : S. Priyanka