Trial By Media And The Denial Of A Fair Trial

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Introduction

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. Its first inception was the phrase Trial by Television which found light in the response to the 3 February, 1967 television broadcast of The Frost Programme, host David Frost. The confrontation and Frost's personal adversarial line of questioning of insurance fraudster Emil Savundra led to concern from ITV executives that it might affect Savundra's right to a fair trial.
During high-publicity court cases, the media are often accused of provoking an atmosphere
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What would happen to this right if the press may use such a language as to influence and control the judicial process? It is to be borne in mind that the democracy demands fair play and transparency, if these are curtailed on flimsiest of grounds then the very concept of democracy is at stake.
The concept of ‘denial of a fair trial’ has been coined by authoritative judicial pronouncements as a safeguard in a criminal trial. But what does the concept ‘denial of fair trial’ actually mean:
The conclusions of the judicial decisions can be summed as follows:
The obstruction or interference in the administration of justice Vis a Vis a person facing trial.
The prejudicial publication affecting public which in term affects the accused amount to denial of fair trial.
Prejudicial publication affecting the mind of the judge and Suggesting the court as to in what manner the case should be
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Laudable as it may be, this media activism is also disquieting, and not just because it might partially be fuelled by a competitive rush to attract larger audiences. Even when well intentioned, recent coverage of sexual violence has tended to degenerate rapidly into a series of trials by media, with the media arrogating to itself and the public the powers of both judge and jury. As a consequence, the media has chipped away at the already precarious agency of assault victims, and also undermined the possibility of justice being

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