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The Supreme Court has expressed strong concern about "media trials" characterised by biased reporting that can lead to public suspicion of a person's guilt in a criminal case, according to a report by NDTV. Therefore, the court has directed the Union Home Ministry to create guidelines for police to follow during press briefings regarding criminal cases. For this, the ministry has been given a three-month timeline to prepare a comprehensive manual.
A bench led by Chief Justice DY Chandrachud stressed the importance of sensitising police personnel to the impact of media coverage on the administration of justice. The top police officers of each state as well as the National Human Rights Commission, have been asked to provide suggestions to the home ministry within a month.
The next hearing on this matter is scheduled for January.
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The court emphasised that "media trials" can adversely affect the administration of justice and need to consider at which stage of investigation detail should be disclosed as the issue involves the interests of victims, accused individuals, and the public at large. While the fundamental right to freedom of speech and expression is involved in media reporting, the court cautioned against allowing "media trials" that could potentially harm the investigation.
The Supreme Court had previously addressed this matter in a 2017 instruction and had asked the government to establish rules for police briefings that respect the rights of both the accused and the victim while avoiding prejudice. The court had given a six-week timeline for the production of draft regulations.
The court reiterated that every accused person is entitled to a fair and unbiased investigation, with a presumption of innocence at every stage. It highlighted that media reporting that implicates an accused individual can be unfair.
In March, the Chief Justice urged journalists to uphold accuracy, impartiality, and responsibility standards in their reporting.
On behalf of the government, Aishwarya Bhati, the Additional Solicitor General, assured the court that guidelines regarding police briefings for the media would be developed and released. The court stressed the need to consider the rights of the accused as well as protect the privacy of victims and complainants, especially in cases involving minors.
The court also raised questions about police training for media briefings and the government's actions in response to its 2014 instruction regarding the matter. While acknowledging that media reporting cannot be stopped, the need for police sensitivity in such situations was emphasised.
