Trial by Media: Free Speech v. Fair Trial

  • Ishan Chhokra
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  • Ishan Chhokra

    Student at University of Petroleum and Energy Studies, India

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In contemporary society, the intersection of free speech and the right to a fair trial has become a complex and contentious issue, particularly in the context of media influence on legal proceedings. This abstract explores the delicate balance between the constitutional guarantee of free speech and the imperative to ensure a fair and impartial trial. The phenomenon of "Trial By Media" refers to the potential for media coverage to shape public opinion, influencing jurors and jeopardizing the accused's right to a fair trial. Examining high-profile cases and their media portrayals, this abstract delves into the ethical and legal challenges posed by sensationalized reporting, social media commentary, and the 24/7 news cycle. It considers the impact of pretrial publicity on juror bias and the judiciary's struggle to mitigate these effects. Furthermore, the abstract discusses the evolving role of the media in the digital age, where information spreads rapidly and often uncontrollably. It explores potential solutions and legal frameworks aimed at reconciling the constitutional right to free expression with the imperative to safeguard the integrity of the judicial process. As societies grapple with these competing interests, finding a nuanced equilibrium between the principles of free speech and fair trial becomes essential to uphold the foundations of justice and maintain public trust in the legal system.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 3642 - 3656


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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