Conflict between Freedom of Speech and Expression and Right to Reputation in the Light of Media Trials

Journalism in India has been battered by fallacious media trials in recent times. The paper analyses the extent of freedom of speech and expression exercised by media. Titled ‘Conflict of Freedom of Speech and Expression and Right to Reputation in the light of Media Trials’, media trials have affected the right to reputation and dignity of an accused by bludgeoning a person’s character by misleading the public through half-truths and unverified claims. Under the garb of freedom of speech and expression, the media has infringed on the natural process of a fair trial by subconsciously affecting the judge’s opinion of the accused. The over-arching effect of media is such that even after the acquittal of the accused, the widespread perception of guilt does not wither away. This paper critically analyses the right to reputation as a fundamental right of an individual and the right to freedom of speech and expression of the media. Freedom of speech and expression is the life of a democracy but it is subjected to certain restrictions and has been provided for in the paper. Moreover, the right to reputation in the UK and the freedom of the press in the US have been included to analyze the stance with respect to India.