Media Trial and Right to Fair Trail: A Critical Study Under Indian Jurisprudence

Tanvi Acharjee; Swarup Mukherjee

Media Trial and Right to Fair Trail: A Critical Study Under Indian Jurisprudence

Author(s)	Tanvi Acharjee, Dr. Swarup Mukherjee
Country	India
Abstract	Media plays a vital role in a democratic society by promoting transparency, accountability, and dissemination of information to the public. Freedom of speech and expression, including freedom of press, is guaranteed under Article 19(1)(a) of the Constitution of India and is regarded as one of the fundamental pillars of democracy. However, with the rapid growth of electronic and digital media, the phenomenon of “media trial” has emerged as a serious challenge to the administration of justice and protection of fair trial rights. Media trials frequently involve extensive publicity, sensational reporting, and public discussions regarding pending criminal matters, which often create prejudice against accused persons before judicial determination by courts of law. This paper examines the jurisprudential aspects of media trial and fair trial from both philosophical and constitutional perspectives. The study primarily focuses upon Natural Law Theory and Positivist Theory and their relevance in regulating media activities. Natural Law Theory emphasizes justice, fairness, morality, equity, human dignity, and presumption of innocence, whereas Positivist Theory emphasizes sovereign authority, legal obligation, constitutional regulation, and enforcement of law. The paper further discusses the principles of natural justice, namely Audi Alteram Partem and Nemo Judex in Causa Sua, and explains how prejudicial media reporting may violate these principles by interfering with impartial judicial proceedings. The paper also analyses the constitutional framework relating to freedom of speech and fair trial under Articles 19 and 21 of the Constitution of India. While Article 19(1)(a) guarantees freedom of speech and expression, Article 19(2) permits reasonable restrictions in the interests of public order, contempt of court, defamation, decency, morality, and security of the State. Similarly, Article 21 guarantees the right to life and personal liberty, which includes the right to fair trial and protection of human dignity. The study further highlights the role of judiciary in balancing media freedom with judicial fairness through constitutional interpretation, contempt jurisdiction, and protection of fair trial rights. Therefore, responsible journalism, ethical reporting, judicial safeguards, and constitutional regulation are necessary for maintaining a balance between freedom of press and administration of justice.
Keywords	Freedom of speech and expression, media trial, Fair Trail, Natural Law Theory, Positivist Theory.
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 3, May-June 2026
Published On	2026-05-20

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Media Trial and Right to Fair Trail: A Critical Study Under Indian Jurisprudence

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