The risks of media trials in digital era
In an age where a hashtag can convict before a courtroom convenes, the rule of law faces an unprecedented challenge. In any democracy, the media is the fourth pillar. It informs citizens, shapes public debate, and holds institutions accountable. Law, security, and public perception intersect in fragile and often explosive ways. But press freedom is not absolute. The Supreme Court made this clear in(1950): free speech must be balanced against other constitutional values, including the right to a fair trial. Today, that balance is under threat from a growing menace – the media trial.
It is evident that established or traditional media houses are fulfilling the role of the media: disseminating information without judgment. They employ trained experts as editors who filter information within the framework of media ethics. The real risk lies in the kind of information and journalism practised by portal-based journalists, who often lack editorial filters, social understanding, and legal ethics.
A media trial happens when news channels, digital portals, or social media platforms declare someone guilty or innocent before a court has even heard evidence. In Kashmir, unverified posts and sensational headlines often create a parallel, unregulated courtroom; one without rules, without witnesses, and without appeal. The Supreme Court recognised this danger in(2012). It introduced “postponement orders” to prevent prejudicial reporting during ongoing trials. But on the ground, especially in Kashmir, such safeguards are often ignored.
Media trials destroy the most basic principle of criminal justice: the presumption of innocence. No........
