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.[1] It is particularly relevant in cases where high-profile individuals stand trial, with the concern that the impartiality of the jury may be compromised by extraneous information, disrupting due process and resulting in an unfair trial.[2]
The concept was popularized for the first time as Trial by Television in response to the 3 February 1967 television broadcast of The Frost Programme, hosted by David Frost.[3] 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.[4]
Descriptionedit
During high-publicity court cases, the media are often accused of provoking an atmosphere of public hysteria akin to a lynch mob which not only makes a fair trial nearly impossible but means that regardless of the result of the trial, the accused will not be able to live the rest of their life without intense public scrutiny.[5]
Although a recently coined phrase, the idea that popular media can have a strong influence on the legal process goes back certainly to the development of the printing press and probably much further.[6][original research?] This is not including the use of a state-controlled press to criminalize political opponents, but in its commonly understood meaning covers all occasions where the reputation of a person has been drastically affected by ostensibly non-political publications.[7]
Often the coverage in the press can be said to reflect the views of the person in the street. However, more credibility is generally given to printed material than 'water cooler gossip'. The responsibility of the press to confirm reports and leaks about individuals being tried has come under increasing scrutiny and journalists are calling for higher standards. There was much debate over U.S President Bill Clinton's impeachment trial and prosecutor Kenneth Starr's investigation and how the media handled the trial by reporting commentary from lawyers which influenced public opinion.[8]
In the United Kingdom, strict contempt of court regulations restrict the media's reporting of legal proceedings after a person is formally arrested. These rules are designed so that a defendant receives a fair trial in front of a jury that has not been tainted by prior media coverage. The newspapers the Daily Mirror and The Sun have been prosecuted under these regulations, although such prosecutions are rare.[9] It is also within the power of the courts to prevent the jury from accessing electronic devices during the course of the trial.[10] Furthermore, court security officers are authorized to search for electronic devices that they suspect a juror may have failed to surrender as per the judge's request.[11] Consequently, to conduct research into the case using electronic devices, and indeed share this information with other jurors, is punishable by a fine or imprisonment for up to two years.[12][self-published source?]
Notable eventsedit
In 2015, Jasleen Kaur, a woman from Delhi, India, posted a photo of a man, Sarvjeet Singh, on Facebook and accused him of sexual harassment.[13] The Facebook post went viral which was followed by a media trial labelling the man with terms like 'pervert' and 'the predator of Delhi'. Four years later, the man was found innocent by the Delhi court and was acquitted of all the charges. However, during the time, the man had lost his job and could not find any other source of income due to the media coverage.[14]
^Middleweek, Belinda (4 May 2017). "Dingo media? The persistence of the 'trial by media' frame in popular, media, and academic evaluations of the Azaria Chamberlain case". Feminist Media Studies. 17 (3): 392–411. doi:10.1080/14680777.2016.1235054. hdl:10453/123672. S2CID 151827061.
^Phillipson, Gavin (2008). "Trial by Media: The Betrayal of the First Amendment's Purpose". Law and Contemporary Problems. 71 (4): 15–29. JSTOR 27654682. Gale A191514423.
^Jeffries, Stuart (1 September 2013). "Sir David Frost obituary". The Guardian. ISSN 0261-3077. Retrieved 1 August 2023.
^Jeffries, Stuart (1 September 2013). "Sir David Frost obituary". The Guardian.
^Nanda, Neelam (March 2016). "Impact of Media activism on Social renaissance". Amity Journal of Media & Communications Studies. 5 (3): 41–47.
^Christie, Suzanne (1 July 1998). "Trial by media: politics, policy and public opinion, the case of the ACT heroin trial". Current Issues in Criminal Justice. 10 (1): 37–51. doi:10.1080/10345329.1998.12036112. ISSN 1034-5329.
^Statham, Simon (2016). Redefining Trial by Media: Towards a critical-forensic linguistic interface. John Benjamins Publishing Company. ISBN978-90-272-6682-8.[page needed]
^"Legal News: News Hour with Jim Lehrer" (Transcript). Public Broadcasting System (PBS). 19 October 1998. Retrieved 12 March 2011.
^Bowcott, Owen (5 July 2011). "Contempt of court rules are designed to avoid trial by media". The Guardian.
^Act, 69. Criminal Justice and Courts Act 2015. 13 April 2015.
^Act, 70. Criminal Justice and Courts Act 2015. 13 April 2015.
^"Pulling at the Curtain, Social Media and Jury Trials – Paul Wragg". Inforrm's Blog. 17 November 2017.
^"Complaint doubtful: Delhi court acquits Sarvjeet Singh in 2015 sexual harassment case". India Today. Asian News International. 26 October 2019.
^Archana, KC (25 October 2019). "4 Years After Fighting The Jasleen Kaur Case, Sarvjeet Singh Bedi Has Finally Been Acquitted". IndiaTimes.
External linksedit
Wikimedia Commons has media related to Trial by media.
Condemnation of trial by media 4 March 2016 at the Wayback Machine. Complete text of the judgement by the Andhra Pradesh High Court, India.
January 01, 1970
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For the TV series see Trial by Media TV series This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Trial by media news newspapers books scholar JSTOR March 2019 Learn how and when to remove this message 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 1 It is particularly relevant in cases where high profile individuals stand trial with the concern that the impartiality of the jury may be compromised by extraneous information disrupting due process and resulting in an unfair trial 2 Contents 1 Etymology and early use 2 Description 3 Notable events 4 See also 5 References 6 External linksEtymology and early use editThe concept was popularized for the first time as Trial by Television in response to the 3 February 1967 television broadcast of The Frost Programme hosted by David Frost 3 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 4 Description editDuring high publicity court cases the media are often accused of provoking an atmosphere of public hysteria akin to a lynch mob which not only makes a fair trial nearly impossible but means that regardless of the result of the trial the accused will not be able to live the rest of their life without intense public scrutiny 5 Although a recently coined phrase the idea that popular media can have a strong influence on the legal process goes back certainly to the development of the printing press and probably much further 6 original research This is not including the use of a state controlled press to criminalize political opponents but in its commonly understood meaning covers all occasions where the reputation of a person has been drastically affected by ostensibly non political publications 7 Often the coverage in the press can be said to reflect the views of the person in the street However more credibility is generally given to printed material than water cooler gossip The responsibility of the press to confirm reports and leaks about individuals being tried has come under increasing scrutiny and journalists are calling for higher standards There was much debate over U S President Bill Clinton s impeachment trial and prosecutor Kenneth Starr s investigation and how the media handled the trial by reporting commentary from lawyers which influenced public opinion 8 In the United Kingdom strict contempt of court regulations restrict the media s reporting of legal proceedings after a person is formally arrested These rules are designed so that a defendant receives a fair trial in front of a jury that has not been tainted by prior media coverage The newspapers the Daily Mirror and The Sun have been prosecuted under these regulations although such prosecutions are rare 9 It is also within the power of the courts to prevent the jury from accessing electronic devices during the course of the trial 10 Furthermore court security officers are authorized to search for electronic devices that they suspect a juror may have failed to surrender as per the judge s request 11 Consequently to conduct research into the case using electronic devices and indeed share this information with other jurors is punishable by a fine or imprisonment for up to two years 12 self published source Notable events editIn 2015 Jasleen Kaur a woman from Delhi India posted a photo of a man Sarvjeet Singh on Facebook and accused him of sexual harassment 13 The Facebook post went viral which was followed by a media trial labelling the man with terms like pervert and the predator of Delhi Four years later the man was found innocent by the Delhi court and was acquitted of all the charges However during the time the man had lost his job and could not find any other source of income due to the media coverage 14 See also editAmanda Knox Brett Kavanaugh Casey Anthony Calciopoli Court of public opinion Courtroom photography and broadcasting Day care sex abuse hysteria Death of Azaria Chamberlain Duke lacrosse case Extraordinary Popular Delusions and the Madness of Crowds Femme fatale Fishing expedition Huw Edwards Jasleen Kaur harassment controversy Karl Muck McMartin preschool trial Media circus Presumption of guilt A Rape on Campus Richard Jewell Richard Ricci Sam Sheppard Sensationalism Trial by ordeal Witch huntReferences edit Middleweek Belinda 4 May 2017 Dingo media The persistence of the trial by media frame in popular media and academic evaluations of the Azaria Chamberlain case Feminist Media Studies 17 3 392 411 doi 10 1080 14680777 2016 1235054 hdl 10453 123672 S2CID 151827061 Phillipson Gavin 2008 Trial by Media The Betrayal of the First Amendment s Purpose Law and Contemporary Problems 71 4 15 29 JSTOR 27654682 Gale A191514423 Jeffries Stuart 1 September 2013 Sir David Frost obituary The Guardian ISSN 0261 3077 Retrieved 1 August 2023 Jeffries Stuart 1 September 2013 Sir David Frost obituary The Guardian Nanda Neelam March 2016 Impact of Media activism on Social renaissance Amity Journal of Media amp Communications Studies 5 3 41 47 Christie Suzanne 1 July 1998 Trial by media politics policy and public opinion the case of the ACT heroin trial Current Issues in Criminal Justice 10 1 37 51 doi 10 1080 10345329 1998 12036112 ISSN 1034 5329 Statham Simon 2016 Redefining Trial by Media Towards a critical forensic linguistic interface John Benjamins Publishing Company ISBN 978 90 272 6682 8 page needed Legal News News Hour with Jim Lehrer Transcript Public Broadcasting System PBS 19 October 1998 Retrieved 12 March 2011 Bowcott Owen 5 July 2011 Contempt of court rules are designed to avoid trial by media The Guardian Act 69 Criminal Justice and Courts Act 2015 13 April 2015 Act 70 Criminal Justice and Courts Act 2015 13 April 2015 Pulling at the Curtain Social Media and Jury Trials Paul Wragg Inforrm s Blog 17 November 2017 Complaint doubtful Delhi court acquits Sarvjeet Singh in 2015 sexual harassment case India Today Asian News International 26 October 2019 Archana KC 25 October 2019 4 Years After Fighting The Jasleen Kaur Case Sarvjeet Singh Bedi Has Finally Been Acquitted IndiaTimes External links edit nbsp Wikimedia Commons has media related to Trial by media Condemnation of trial by media Archived 4 March 2016 at the Wayback Machine Complete text of the judgement by the Andhra Pradesh High Court India Retrieved from https en wikipedia org w index php title Trial by media amp oldid 1219388199, wikipedia, wiki, book, books, library,
