1. Role of Media in Dispensation of Justice
Isha Suri
11IP60023
Rajiv Gandhi School of Intellectual Property Law
Indian Institute of Technology, Kharagpur
May 2014
Under the Supervision of
Prof. Dipa Dube
“Where the press is free and every man able to read, all is safe.” - Thomas Jefferson

2. Presentation Outline
 Motivation
 Methodology
 Media and its Role in Society
 Media and Its Impact
 Laws Governing Indian Media
 Cases
 Gaps in the Existing System
 Factors Affecting Newsworthiness
 Suggestions

3. Motivation
• Lack of studies portraying the positive role of media.
– Prevent abuse of the legal machinery by the upper echelons of the
society.
– Expedite dispensation of justice through widespread coverage.
• Importance of an unfettered press.
Censorship by Eric Drooker
Available at: http://www.drooker.com/drawings.html
Ed Stein, Rocky Mountain News, Denver, December 13, 2008
Available at: http://blogs.rockymountainnews.com/stein/2008/12/crumbling.html

4. Methodology
• Doctrinal Study
• Critical Analysis of Criminal Cases since 1990:
– Widely Reported in Media.
– Decided by the Indian Courts.
• Impact of Media Coverage on the Judgment.
• Sources of Data
– Print Media
• News Archives of two leading national dailies*
– Broadcast Media
* Indian Readership Survey (IRS), Media Research Users Council (MRUC).
Available at: http://mruc.net/irs2012q4_topline_findings.pdf.

5. Mass Media
• Touted as the Fourth Pillar of Democracy
• Mass Media
– Transmits Information to a large number of people.
• Believed to be distinct from Interpersonal communication:
– Distance
– Technology
– Scale
– Commodity
• The Digital Age has rendered this distinction obsolete.

6. A Modern News Room
The Public an active participant in Information Dissemination and Distribution
A Traditional News Room
Strict Distinction between the News Producers and the Consumers

7. Role of Media in Society
• Touted as the Fourth Pillar of Democracy
• Mass Media
– Transmits Information to a large number of people.
• Believed to be distinct from Interpersonal
communication:
– Distance
– Technology
– Scale
– Commodity
• The Digital Age has rendered this distinction
obsolete.

8. Media and Its Impact on Society
• Constant Source of Information, Education, and
Entertainment.
• Affects all aspects of an individual’s life.
• Role of Media*
– Credible Informational
– Critical Investigative Adversarial
• Impacts the following spheres of life:
– Public Education
– Forum for Discourse
– Agenda Building
* Role of Media - Past Time Function

9. Laws Governing Indian Media
• Obscenity
– Indian Penal Code – Section 292.
• Sedition and Censorship
– Indian Penal Code – Sections 124A, 153A, 153B, and 295A.
– Code of Criminal Procedure – Section 95.
• Contempt of Court
– Contempt of Courts Act – Sections 2(b) and 2(c).
– The Constitution of India – Article 129 and Article 215.
• Defamation
– Indian Penal Code – Sections 499 and 500.
• Disclosure of Sources
– Press Council Act – Section 15.
• Parliamentary Privilege
– The Constitution of India – Article 105 and Article 194

10. Cases
Shakti Mills Gang-Rape Case
• Year – 2013
• Offence – Gang-Rape
• Media Coverage:
– Immediate
– Adequate Follow-up
• Decision Time:
– 7 months
• Remarks:
– Encouraged the previous victim
to come forward.
– Ensured speedy trial.
Nirbhaya / Delhi Gang Rape Case
• Year – 2012
• Offence – Rape, Murder
• Media Coverage:
– Immediate
– Regular Follow-up
• Decision Time:
– 9 months – Trial Court
– 15 months – High Court
• Remarks:
– Shook collective conscience of
the public at large.
– Witnessed extreme reactions
from the masses.
– Regular coverage ensured the
awakening did not die a natural
death.

11. R.K. Anand v Registrar
Delhi High Court
• Year – 2007
• Offence – Criminal Misconduct
• Media Coverage:
– Sting Operation that showed collusion
between prosecution and defense
lawyers.
– Only court proceedings were reported.
• Decision Time:
– 2 years and 2 months
• Remarks:
– Not necessary for a media outlet to
seek prior permission to undertake
sting operation.
– The Apex Court remarked that this
sting operation was more likely to
assist the functioning of trial.
Surendra Koli v. State of UP
(Nithari Killings)
• Year – 2005
• Offence – Rape, Murder
• Media Coverage:
– Incident first reported in 2006.
– Regular Follow-ups till the verdict of
the case.
• Decision Time:
– 3 years 2 months – Trial Court
– 3 years 9 months – High Court
– 5 years 2 months – Supreme Court
• Remarks:
– Displays that a responsible media is
crucial to ensure justice to the
marginalized.
Cases

12. Sajal Sureshkumar Jain v. State of
Gujarat (Bijal Joshi Rape Case)
• Year – 2003
• Offence – Gang-Rape
• Media Coverage:
– Picked up after the victim
committed suicide.
– Provided adequate updates.
• Decision Time:
– 4 years 5 months – Trial Court
– 8 years – High Court
• Remarks:
– Prevented influential accused to
abuse the legal machinery.
– In this case timely media
intervention ensured that the
police could not hush up the
entire matter.
State v. Vikas Yadav and Vishal Yadav
(Nitish Katara Murder)
• Year – 2002
• Offence – Murder
• Media Coverage:
– Highlighted the issue in 2006
– Regular Follow-up
• Decision Time:
– 6 years – Trial Court
– 12 years – High Court
• Remarks:
– Media played a crucial role in
obtaining testimony of the key
prosecution witness.
– Media brought to light the fact
that accused were granted bail
66 times.
Cases

13. State v. Sidhartha Vashisht And Ors.
(Jessica Lal Murder Case)
• Year – 1999
• Offence – Murder
• Media Coverage:
– Immediate; however became
sporadic soon after.
– Heightened in 2006 when all the
accused were acquitted.
• Decision Time:
– 7 years 7 months – High Court.
– 11 years – Supreme Court
• Remarks:
– Intervention ensured that the guilty
were brought to book.
Sushil Ansal v. State through CBI
(Uphaar Tragedy)
• Year – 1997
• Offence – Causing death by
negligence.
• Media Coverage:
– Immediate
– Regular Follow-up
• Decision Time:
– 10 years 5 months – Trial Court
– 11 years 6 months – High Court
– 16 years 9 months – Supreme Court
• Remarks:
– Through this judgment it is now
possible to hold directors liable for
criminal negligence.
Cases

14. Santosh Kumar Singh v. State
through CBI
• Year – 1996
• Offence –Rape and Murder
• Media Coverage:
– Post the acquittal of the accused in
2006.
– Adequate follow ups.
• Decision Time:
– 4 years – Trial Court
– 10 years 9 months – High Court.
– 14 years 9 months – Supreme Court
• Remarks:
– Media intervention expedited the
procedure and ensured that the
guilty were convicted.
Harshad Mehta Case
• Year – 1992
• Offence – Misappropriation of
funds.
• Media Coverage:
– In this particular case the scam was
exposed by Ms. Sucheta Dalal, who
was a financial journalist with Times
of India at that point in time.
• Decision Time:
– 7 years 7 months– High Court
– 11 years – Supreme Court
• Remarks:
– Media highlighted Harshad Mehta’s
malpractices and loopholes in the
Bombay Stock Exchange.
Cases

15. S.P.S. Rathore v. C.B.I. New Delhi
(Ruchika Gehrotra Case)
• Year – 1990
• Offence – Molestation
• Media Coverage:
– Highlighted the incident only after
Dec 2009 when the accused was
given a punishment for only 6
months.
• Decision Time:
– 19 years and 4 months – Trial Court
– 19 years and 9 months – CBI Court
• Remarks:
– In order to punish influential people
it is imperative to have media play
the role of a watchdog.
Other Cases
• Lingaram Kodopi v. State of
Chattisgarh.
• Ashok Kumar Todi v. Kishwar
Jahan (Rizwanur Rahman case).
• Mr. Tarun Tejpal v State of Goa.
• Saint Shri Asharam Bapu v. Union
of India.
Cases

16. Gaps in the Existing System
• Increase in Private Ownership
• Private Treaties
• Multi-Channel Private Television
– Lack of Regulatory Framework
• Newsworthiness
– Intense Media Coverage only to ‘Ideal Victims’
– Also dependent on drama, action, immediacy, violence, celebrities,
and sex.
Matt Wuerker
Available at: http://www.theeditorialcartoons.com/

17. Factors Affecting Newsworthiness
Galtung and Ruge (1965) Chibnall (1977) Jewkes (2004)
Threshold (Importance) - Threshold (Importance)
Unexpectedness (Novelty) Novelty (unexpectedness) -
Negativity
(Violent, Harmful, Deviant, Sad)
- -
Unambiguous
(Clear and Definite)
Simplification
(Removing Shades of Grey)
Simplification
(Removing Shades of Grey)
- Dramatization (Action) -
Frequency
(Timescale, Fit within News Cycle)
Immediacy
(Present Fit within News Cycle)
-
Elite Centricity (powerful or famous
nations or people)
Personalization
(Notable Individuals, Celebrities)
-
-
Structured Access
(Experts, Officials, Authority)
-
Composition
(Balance, Fit with Other News)
- -
Personification
(Individual Focus or Causality)
Individual Pathology
(Individual Causality)
Individualism
(Individual Focus or Causality)
- Children (young people)
Continuity (sustainability) - -
- Graphic presentation Spectacle or Graphic Imagery
- Visible/spectacular acts -
Meaningfulness
(Spatial and Cultural Relevance)
-
Proximity
(Spatial and Cultural Relevance)
Consonance (fit with existing
knowledge and expectations)
Conventionalism
(Hegemonic Ideology)
Predictability (Expectedness)
Titillation (expose, scandal) -
Risk (Lasting Danger)
- Sexual/ Political Connotations Sex
- Deterrence and Repression
Conservative Ideology or Political
Diversion (Deterrence, Distraction from
Wide problems)

18. Suggestions
• Mandatory Disclosure of Equity Shares owned by
Media Houses.
• Self-Regulation – Fair and Objective Journalism.
• Press Council of India
– power to receive complaints and grievances against
broadcast media.
– penalizing powers.
• Independent Regulatory Authority
– A one stop shop for adjudicating complaints against all
news media.

19. “When the conspiracy of lies surrounding me demands of me
to silence the one word of truth given to me, that word
becomes the one word I wish to utter above all others.”
- Andre P. Brink
Questions | Comments | Suggestions