Author: Ananya Sarita Tripathi, University Of Lucknow
Introduction
The media has the power to shape events, affect lives, and influence the course of history. The role, relevance, and impact that the mainstream media holds in identifying fugitives cannot be overlooked. The development of technology has further deepened the dependency of the law enforcement agency on media. In the pursuit of fugitives, the usage of mainstream media has evolved to be a double-edged sword. From broadcasting or printing wanted reports, broadcasting surveillance footage, and spreading awareness about a criminal and the seriousness of a crime, the media plays the all-important role of acting as the intermediary between the law and justice system and the public. This blog delves into the legal perspective regarding the role of mainstream media in identifying fugitives.
Broadcasting of Information-
The mainstream news media, because of its sheer size, has the power to influence a large section of society and is likely to represent generally accepted beliefs and opinions. The media agency keeps up with all the happenings both big and small and they work hand in hand with the police investigation and police reports. The mainstream media through their outlets be it broadcasting, print, or even online platforms publish facial depictions, and physical features of the criminal, along with information regarding the family of the criminal and the last seen location. The legal perspective regarding the dissemination of information by the media questions the very principle of criminal jurisprudence of ‘innocent until proven guilty’. Media influences the beliefs and thought processes of the public, with no contradiction and one-way view by all the media without questioning the ifs and buts making the accused guilty pretrial in the eyes of the general public. It should be the duty of the mainstream media to publish the information required to create awareness and identify the fugitives but there must be a maintenance of balance. The tone used, and the information so broadcasted should not be selected to create prejudice against the criminals.
On the one hand, the media provide excellent access to the general public and can help generate important information for an inquiry. On the other hand, the media can sap the resources of an investigation, mislead the public, and interfere with the investigative and legal processes. The freedom of the press in India is protected under Article 19(1)(a) of the Constitution of India. However, the right to privacy of the accused under the criminal law should not be ignored. The media coverage of the fugitives often is quite intrusive and violates the privacy of the accused along with their family which exposes them to potential harm of reputation and even physical harm as well.
Public Awareness vs. Misled
In the race to be the first to break news, fact-check is the first victim. Trial by media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person’s reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law. Both the above-quoted statements when read together depict the damage that any fact presented by the media can cause if it’s not checked for its veracity.
The critiques including the former Chief Justice of India NV Ramana have put under scrutiny the mainstream media by terming it as ill-informed and agenda-driven and have also expressed concern about its effect on the people when he said “Biased views being propagated by media are affecting the people”.
Media is considered to be the fourth pillar of democracy and is rightly conferred with the responsibility of creating public awareness among people relating to crime and safety from fugitives. But the recent trend has shown the media to be inclined toward agenda-driven propaganda which takes away from the responsibility of the media to create awareness.
Pre-trial vs. Kangaroo Court vs. Fair Trial
The mainstream media contributes to major pre-trial publicity of the fugitives. This pre-trail publicity exposes them to public scrutiny and the formulation of opinions about their innocence or guilt. The justice system takes a long time and till then it’s the public opinion that stays with the fugitive and its family. The former Chief Justice of India used the term Kangaroo court for the mainstream media which means judicial system where the judgment is predetermined. The media in their broadcast holds debates even involving the so-called experts who give their legal inputs In the matter thus misleading the public even further. The pre-trial publicity hinders the fair trial process because the influence it holds to mold the beliefs of people may hamper the witness testimony.
Media researchers have coined the term ‘newsworthiness’ as the criterion by which news producers or gatekeepers (editors and sub-editors) select events that are to be presented to the public as news. There is a possibility that certain news reports may be circulated several times according to the demands which may further increase the pre-trial publicity.
Conclusion-
In conclusion, the mainstream media’s role in identifying fugitives is all-powerful but the accompanied responsibility can not be ignored. The pre-trial process, the investigation process, the fair trial, and justice are impacted by the mainstream media. The online platforms which are furthermore accessible expose the fugitive and their family to even more public scrutiny which is at times misinformed due to short and misleading headlines that are used by the media to attract more views. The easy access to technology even leads to cyberbullying of the fugitive’s family.
The right to privacy of the criminal and his family is hindered. “Trial by media” requires the fugitive to be safeguarded and their rights to be protected. The media’s role in fostering public awareness should be accompanied by ensurance of justice. Media should uphold ethical integrity while reporting facts and instances. The creation of public awareness can not be used as an excuse to propagate agenda-driven propaganda by the media.
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