Media trial: A gross violation of the right of the accused
Md. Towhidul Islam Jihadi :
Currently, the media has been turned into a ‘public court,’ with the goal of delivering justice without waiting for the court’s ruling. The phrase “media trial” refers to the publication of a person’s innocence or guilt status in the media before he or she has been tried in any court of law, on the basis of little or no evidence. In criminal proceedings, prosecutors have to prove the defendant’s guilt beyond a reasonable doubt.
A person cannot be held liable for the claimed offence if there is even the slightest possibility of doubting his or her guilt. Thousands of individuals continually post or comment on Facebook, Twitter, and other social media platforms in an effort to get justice while unintentionally critiquing the accused or the victim in issues known as a “media trial.”As a result, it has interfered with the court’s duty by disturbing the proceedings.
It has fully discarded the existing difference between an accused person and a convicted person. At the moment, the media conducts an investigation that allows the common people to make an opinion on the individual accused of the charges even before the trial begins in court. In most of the cases actual matters, intricacies of situations, and problems were not taken into account by the media while reporting certain news. As a result, when the same issue is conducted in a court, it complicates fair trial, particularly in adversarial judicial systems such as Bangladesh.
Consequently, the media pollutes a country’s social and intellectual environment by broadcasting unverified information about a case, issue, or accused, and in any instance, the media makes remarks based on popularity, and people feel persons charged are guilty of this act and should be punished. By continuously reporting about an individual who is charged with an offence, the press persuades the public that this individual is a wrongdoer before the court has completed its trial. When people observe that the individual who is found guilty by the media is usually also declared guilty in court, they assume that the media can do no wrong. Interestingly people assume that the court is biased if its decision goes against popular opinion. By acting as a Public Court or Janata Court in this manner, the media violates the right to a fair trial of an accused.
Therefore, Media trials have always been complicated because they include two competing principles: free trial and free press, where freedom of the press is an essential component of democratic governance and the free trial is crucial for upholding natural justice. According to Article 35 (3) of the constitution of the People’s Republic of Bangladesh, a fair and impartial trial is a fundamental right as mentioned in this Article, Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial Court or tribunal established by law as well as Article 39 (2) (b) guaranteed the freedom of the press. Both of these rights are necessary and recognized as fundamental rights, though the media is violating those rights in the name of ensuring justice. Unfortunately, people believe that the media is doing the right thing by pre-shaping the case judgment, which is the main concern.
It is evident from the explanation above that publicizing a case before trial compromises the integrity of a fair trial. The media trials have undoubtedly put pressure on legal practitioners not to engage in cases when people consider specific people to be culpable without proof, inducing the accused to forfeit his opportunity for legal counsel. Adequate regulations and statutes are essential for assisting broadcasting media journalists to figure out which topics of pending litigation they can report on so that the right of a free and fair trial is ensured.
(The writer is a Lecturer in Law
BGC Trust University Bangladesh and Advocate
Cox’s Bazar District and Sessions Judges Court)
