This Article is Written by Garima Harsh of University of Petroleum and Energy Studies, an Intern under Legal Vidhiya
ABSTRACT
In most cases, first-hand information about any hot topic that emerges comes from any type of mass media. Online and print media, including newspapers and magazines, provide information on practically all world events. The way the press and the legal system interact has a significant impact on how justice is delivered as a whole. Reports posted on these media outlets provide hints that become the building blocks of any investigation. As a result, it may be claimed that the media is extremely important to investigations. In this post, we’ll briefly discuss the definition of mass media and how it affects investigations.
INTRODUCTION
The term “mass media” refers to a variety of sources, including print media, which includes publications, digital media, which includes the web, and television, which is one of the most significant and successful sources of news and information. Television carries information about multiple topics related to almost all fields. These mass media tools have proven to be effective for gathering data and looking into a situation or incident. Investigative journalism, a subset of mass media, has been increasingly important for exposing crimes, accusations, and wrongdoing in the modern day. The media plays a variety of functions to research and analyze both the bad and positive effects of an incident or event.
ROLE OF MASS MEDIA IN INVESTIGATION
- From archives and records obtained from diverse sources, the mass media offers a reliable source of investigation on specialist topics like business, government, politics, and the like that facilitate investigations.
- Interviews and oral statements that are recorded, televised, or published in various mass media outlets assist to establish a point and make a fact concrete, which in turn helps to create a case and makes the investigation easier. Since the very beginning of mass media, it has served as the most reliable source for obtaining background data to enable an in-depth inquiry. By creating crucial connections to support the investigation, the media has played a crucial role in numerous major cases in India.
- The effective implementation of policies is aided by the mass media. That makes it a flexible way to obtain data as well as a useful tool all around.
- Investigative journalism, a combination of mass media and investigation, has been increasingly important for exposing the claims, causes, corruptions, and effects of criminal activity. It encourages ethical behavior in society and empowers the parties to deal with difficult case outcomes.
- Additionally, it has helped people gain the knowledge necessary to create their own opinions on a certain situation. The spotlighting of a few of the most contentious issues and the encouragement of people to form their own opinions have both been greatly influenced by the media.
- Due to the disclosure of surveillance footage and other relevant sources, the media has grown to play a significant role in police investigations. In recent years, the broadcasting of criminal cases has increased the system’s overall level of transparency.
MASS MEDIA: TOOL OF INVESTIGATION IN 21ST CENTURY
With the rise of digital technology and the internet, the mass media has grown in both quantity and quality over the years. News outlets have become faster, more accessible, and more readily available than ever before. Moreover, the mass media’s reach has expanded to a global scale, giving audiences from all over the world access to information 24/7. One significant way that the mass media has become an essential tool in investigation is through the dissemination of breaking news. News outlets, online news portals, and social media are often the first to break stories and share information with the public. This information can be crucial in helping investigators to identify suspects, gather evidence, and track down leads. Another way that the mass media has become a tool in investigation is through investigative journalism. Investigative reporters use their skills as journalists to uncover and expose wrongdoing, corruption, and illegal activities. They often work tirelessly to obtain confidential documents, interview insiders, and conduct extensive research to reveal the hidden truths behind a story. Finally, the mass media has also become a tool for people to share information and connect with one another. Social media platforms like Twitter, Facebook, and Instagram have allowed people to share eyewitnesses’ accounts, photos, and videos of events as they unfold, making it possible for people to investigate questionable situations and crimes that the authorities may have overlooked.
In conclusion, the mass media has undoubtedly become a tool of investigation in the 21st century, enabling investigators to access information quickly, share information, and uncover the truth behind hidden stories. Its significance for the future of investigation is undeniable, given the rapid pace of technological advancements in communication and information sharing.
MASS MEDIA AND MEDIA TRIALS
When we discuss media trials, we refer to situations in which the media decides to pursue a case on its own, regardless of the court’s decision. It discusses how news coverage in the media (such as television or newspapers) has affected the accused’s reputation. In other words, it refers to the general belief in the accuser’s guilt. A perception of guilt is developed by the media and spreads widely. As they declare the accused as guilty before any court ruling, media trials can turn quite shady. Trials in the media have a significant influence on how society views issues and can have an effect on the judiciary. Therefore, proclaiming the defendant guilty regardless of the court’s decision is referred to as a “media trial.” The Jessica Lal murder case (2010)[1] the Aarushi Talwar murder case (2008)[2] and the Sushant Singh Rajput suicide case (2020)[3] are just a few of the notorious instances that have become the target of media trials. When there is a media trial, it is almost impossible for the case trial to go fairly. This occurs when there is a lot of attention surrounding the case. One or more celebrities are involved in the case, or the case is so graphic that the media feels it is necessary to sensationalize it. These are just a few of the reasons why media trials occur.
FREEDOM OF SPEECH vs. MEDIA TRIAL
As stated in Article 19(1)(a) of the Indian Constitution, the right to freedom of speech is a fundamental one that all Indian people are granted. This article provides us the freedom to voice our opinions on any subject, whether it be political, social, or economic. The Indian Constitution grants us many privileges, but the freedom of speech is regarded as the most important one. The obligations and character of others are a part of free speech. Press freedom is not a distinct right; rather, it is only protected under Article 19(1) (a).
“Press freedom is at the core of political and social discourse.[4] Since not all segments of society still have access to tv or modern communication gadgets, the press has taken on the role of an educator in enabling both formal and informal learning on a large scale, particularly in developing nations. Trials in the media have been held in a number of the most contentious cases. There are some legitimate constraints on the right to free expression, but in media trials, there are none. This makes the idea of an equal trial all but impossible. It made a significant impression on the audience, who formed a belief about the accused that he or she is convicted even before the court’s decision. The inaccurate representation of the accused is a result of the media trial. Furthermore, due of how the media depicted them as guilty regardless of the outcome of the legal proceedings, their professional life has been damaged. The Sushant Singh Investigation (2020)[5] is the most recent illustration of this, in which the media has gone overboard in its efforts to establish Rhea Chakraborty’s culpability in the murder of Sushant Singh Rajput. despite the fact that the viscera reports indicated it was a suicide, the media in this case played a significant role in presenting the deceased as having been “murdered” and Rhea Chakraborty as the “murderer.” It has sparked concerns about media trials, HENCE the case has been also filed in the Supreme Court.
CRITICS OF MASS MEDIA AS A TOOL OF INVESTIGATION
People are still hesitant to embrace the media as a means for investigating crimes, despite the fact that it is frequently employed for inquiries in many countries. They believe that the information presented by mass media is constantly skewed and favorable to the elitists who control its publication. They critique it because they believe that not all of what is offered to us is the truth; rather, there are occasions when it may be a subjective truth or nothing more than a story that a specific device tries to ingrain in the viewer’s or reader’s mind.
Mass media frequently develops original theories, meanings, and visuals to support a specific kind of narrative. Numerous people evaluate these accounts and use them to form their own opinions. Sometimes, when this story is twisted, the concept perverts and has a significant impact on people’s thoughts. Based on this, it is challenging to combine media coverage for investigative objectives, but after several decades, crime has now grown to be an important component of media study.
PROMINENT CASES UNDER MASS MEDIA INVESTIGATION:
1. SHEENA BORA MURDER CASE[6]
Indrani Mukerjee was detained in the year 2012 for the murder of Sheena Bora, but the shocking revelation in this case was that Sheena was actually the daughter, not the sister as Indrani Mukerjee had previously stated. Even after her arrest, the media focused on the issue since it was out of the usual for Indrani to have children, and she was captured making the allegation that Sheena was her sister. The murder also brought Indrani Mukherjee and her spouse Peter Mukerjee’s shady business connections to light. They successfully altered the documents such that no legal action was taken against them for a period of three years. By exposing Indrani Mukerjee’s private life to the scrutinizing eyes of the media, it opened the door for frank discussion in the accused’s homicide trial. Indrani’s personality and private life, as well as any other elements unrelated to the investigation into Sheena’s murder, came under intense public examination in the media. Due to their interference with the accused’s personal count number, reporting ethics were once again under discussion.
2. JESSICA LAL MURDER[7]
In 1999, Manu Sharma (also known as Siddharth Vashisth), the son of Congress former Union Minister Vinod Sharma, shot Jessica Lal (version of barmaid), who was working at the time in an eatery owned by businesswoman Bona Ramani in Mehrauli, South Delhi, after Jessica refused to serve him and his friends alcohol. After the murder and the accused’s acquittal by the judiciary, this case currently received media attention. This case has emerged as one of the most frequent examples when pressure from the media and the general public forced the legal system to order a re-examination of the case. Despite the fact that Manu Sharma was eventually found not guilty in 2006 due to public outcry over media coverage of the investigation, the Delhi Supreme Court nonetheless imprisoned him despite the fact that the Delhi police had abandoned the basis upon which they had built their case.
3. DELHI RAPE CASE[8]
The savage gang rape of a 23-year-old physiotherapy intern on the evening of December 16, 2012, in which, in addition to being violated, the victim was also tormented and crushed while riding in a private bus with a male acquaintance. including the bus driver and the six men who assaulted her and beat up her buddy. She was admitted to the facility, moved for a medical emergency to a clinic in Singapore after 11 days, but she passed away shortly after. Since Indian law forbids displaying the call of duty victim, the victim has gained the nickname Nirbhaya, which translates to “fearless,” and as a result, the girl’s struggle against the incident and eventual death have become a symbol of resistance for women around the world. Significant national and international insurance were affected by this catastrophe. The incident receives harsh criticism both domestically and internationally. Following that, there were a few demonstrations in harsh areas of the United States of America against the federal and state governments for failing to provide adequate protection for women. Due to widespread media uproar, there have been some changes made to the law, including the Juvenile Justice Act, which lowered the age of criminal responsibility for the most egregious crimes from 18 to 16.
Conclusion
With the development of the media, daily new concerns, opportunities, and challenges have arisen within the criminal justice system that are directly interacting with offenders and crimes. Now is the moment to comprehend how the media affects the legal system as a whole. People must comprehend its advantages in crime prevention or the decreased impact of their attempts in this area. The media in India should be built around the spread of information since only with these steps will they be able to assist in crime prevention and investigation.
REFERENCES
https://www.juscorpus.com/jessica-lal-murder-case/
https://indiankanoon.org/doc/223504/
https://legalthirst.com/jessica-lal-murder-case-know-the-complete-facts-judgement/
https://www.bbc.com/news/world-63817388
https://lawtimesjournal.in/the-role-of-mass-media-in-investigation/
https://ijalr.in/the-role-of-mass-media-in-investigation/
[1] https://www.juscorpus.com/jessica-lal-murder-case/
[2] https://indianexpress.com/article/what-is/what-is-the-aarushi-talwar-murder-case-allahabad-high-court-hemraj-rajesh-talwar-nupur-talwar-4886203/
[3] https://www.hindustantimes.com/entertainment/bollywood/sushant-singh-rajput-s-body-had-beating-and-injury-marks-reveals-mortuary-staff-i-told-it-is-not-suicide-but-murder-101672058726262.html
[4] https://indiankanoon.org/doc/223504/
[5] https://indianexpress.com/article/entertainment/bollywood/sushant-singh-rajput-sister-says-rhea-chakraborty-ruined-him-8030381/
[6] https://www.hindustantimes.com/india-news/sheena-bora-murder-case-a-timeline-of-twists-and-turns-101652863077359.html
[7] https://legalthirst.com/jessica-lal-murder-case-know-the-complete-facts-judgement/
[8] https://www.bbc.com/news/world-63817388
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