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(Guest)

Is media abusing its right to free speech?

media is abusing its right to free speech and expression( granted by article 19(1)(a)) because media is affecting trial and investigation gravely by building public opinion against the accused even before the trial. for example, in case of rape, even before the trial begun, media build a rapist image of the accused before public and thus building public opinion against the accused.

in case of murder or any crime media build public opinion against the accused before trial begun. the harmful effect of this practice is : if accused got aquitted, he cannot go back to his normal life any more. even his relatives will no longer care for him.his public image is seriously damaged.

beside this defamation, there is another damage that occurs to our judicial system. indian judicial system follows adversarial criminal justice system which has presumption of innocence as its fundamental principle. this means that "A principle that requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove his or her innocence."

source:https://legal-dictionary.thefreedictionary.com/Presumption+of+Innocence

so you see a person is innocent until proven guilty in adversary system that exists in india. media by building negative image of a person affects seriously this presumption of innocense. media propaganda against the accused affect the fundamental principle of our judicial system thereby affecting the trial, the presumption, the interpretation of witness testimony, and in a word everything of the trial. the trial will no longer be a FAIR TRIAL.

so i think this abuse of free speech by media must be restricted on the following  grounds:

1] decensy and morality in relation to contempt of court

2] defamation

court should put a reasonable restriction on the right of free speech of media on the above mentioned grounds.

what do you think?

 



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 6 Replies

yash kan krish (Trainee)     15 March 2012

I totally agree with your veiws.

shahul hameed (Legal Practioner)     16 March 2012

yes true, a frank report and height of legal confidence please raise awareness among public.

Democratic Indian (n/a)     16 March 2012

Originally posted by :arnab banerjee
"

media is abusing its right to free speech and expression( granted by article 19(1)(a))..............

.........so i think this abuse of free speech by media must be restricted on the following  grounds:

1] decensy and morality in relation to contempt of court

2] defamation

court should put a reasonable restriction on the right of free speech of media on the above mentioned grounds.

what do you think?

"

Little correction, fundamental rights are not "granted" by any government document like Constitution. Fundamental rights are provided by nature, they are pre existing before all these documents were created. Constitution is merely "guaranteeing" the fundamental rights and not "granting" them.


1) Let us not get into vague and subjective matters like decency and morality. It will give unnecessary encouragement to self styled decency and moral brigades. Decency and morality are continuosly ever changing. Many things were decent and moral few decades ago, they are not so today. Many things were indecent and immoral few decades ago, they are not so today. A free society is always changing and the change in society should not get suppressed under excuse of decency or morality or other excuses just because the matter is controversial or not acceptable to some people.


2) Yes I fully agree with your point about defamation. Under no circumstances anyone including media gets any right to defame anyone to hurt the rights of other person. Media can report an authentic news report but it has no right to spread rumours and conjectures under the garb of news for creating a sensation. If something is controversial and needs to be discussed, the same can be discussed not under news but under seperate  program for discussion.


(Guest)

1] decensy and morality in the contempt of court

this really matters bacause the effect of media propaganda is on the judicial proceedings and police investigation. how? well because of media propaganda police is forced to make up a case quickly.not necessarily that case is a true case. often police is forced to make up a false case due to media pressure. judge also cannot be impartial due to media because he cannot break free of his social environment. so the ultimate result is a malicious prosecution punishable under law of torts.

take the case of maria susairaj and emile jerome accused in the murder of a tv producer neeraj grover. before the trial even began media made both of them as convicted criminal: the murderer. in court no charge has been proved against maria and she got aquitted. but the media continously doing propaganda against her questioning efficiencies of court. is not it a contempt of court? it it justified that after a person got aquitted in trial, he or she should be treated as a criminal-set-free-because-of-lack-of-evidence? her entire life she will face this kind of harassment.

don't you think that media did contempt of court?

2] i thank you for agreeing on defamation point.

Democratic Indian (n/a)     28 March 2012

You see why I am against mixing morality with functions of State is because morality is the domain of religion, let the religion take care of it and let the State do its seperate job minus the question of morality.

If the police or judiciary is getting influenced by some opinions expressed in the media then it is the ability and credibility of police and judicary that should be under question. It is not the question about questioning the fundamental right of freedom of speech and expression under the garb of morality.

If we start mixing morality with powers and functions of the State it can lead to very oppressive mixture like a Talibanized society where the State gets the excuse to violate the rights of people in the name of morality. Take example of this https://www.indianexpress.com/news/400-women-and-girls-held-in-afghan-jails-for-moral-crimes/929457/2

400 women and girls held in Afghan jails for 'moral crimes'


More than 400 women and teenage girls are currently languishing in jails across Afghanistan for "moral crimes", a new research has claimed.

The research by Human Rights Watch found female inmates are being held for "immorality", including running away from home to escape beatings or forced marriage or violent husbands and parents in-law, a daily reported.

Virtually all teenage girls held in prison are accused of immorality, either extramarital s*x or running away; In fact, in some cases, women had been charged with having extramarital s*x after being raped or forced into prostitution, according to the research.

Kenneth Roth, executive director of Human Rights Watch, said: "It is shocking that 10 years after the overthrow of the Taliban, women and girls are still imprisoned for running away from domestic violence or forced marriage.

"No one should be locked up for fleeing a dangerous situation even if it's at home. President (Hamid) Karzai and Afghanistan's allies should act decisively to end this abusive and discriminatory practice."

Running away is not an offence under the Afghan penal code, but the Supreme Court said in 2010 that women and girls who flee their homes and don't immediately go to the police or a close relative should be locked up as precaution against prostitution and promiscuity.

The court has declined to comment on the report.

The United Nations has estimated around three quarters of marriages in Afghanistan are forced and unmarried girls are also sometimes given, or exchanged, to resolve disputes or stand in place of a dowry.

Few women are able to gain divorces. If they run away instead, the husband's family often press for a conviction of extramarital s*x as well, as an extra punishment, the research by the rights group, headquartered in New York, has claimed.

"Even the most horrific abuses suffered by women seem to elicit nothing more than a shrug from prosecutors, despite laws criminalising violence against women," Roth said.


(Guest)

Let rght to electricity be included as one of the fundamental right. One light enters the life of more people the country of ours will be different. Its politicians , its police , its bureaucrats, its military generals, its Chartered accountants, its advocates will act differently and so will be the media.Media is simply the mirror of the society we live in.Here we allow corrupt to the core to donate 36 crores of jeweled crown to some places of worship. He is then exonerated by the court of law as religious leaders and their ladders weigh very heavy on the politicians , the bureaucrats, the police and even the adocates who then influence the judges.Media is therefore duty bound to take up cudgels. But the question now being asked - whose media? Ambanies or Birla or Goenka? That's worrisome as the anchors and host of the debates are mere paid servants , they have lost their morality , journalistic ethics long long agao. 


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