Trial by Media is the Real Kangaroo Court

“Before the judge sits, the media has already announced the verdict.”

On July 23, 2022, Chief Justice of India N. V. Ramana expressed serious concern about the rising number of media trials, describing them as obstacles to justice and harmful to democracy. In his keynote address at the inaugural lecture in memory of Justice Satya Brata Sinha in Ranchi, he stated:

“Of late, we see the media running kangaroo courts, at times on issues even experienced judges find difficult to decide. Ill-informed and agenda-driven debates on issues involving justice delivery are proving to be detrimental to the health of democracy.”

Justice Ramana urged both electronic and social media to act responsibly.

What is a Kangaroo Court?

A kangaroo court is a mock or illegitimate court that ignores established legal norms and due process, often reaching predetermined outcomes. These “courts” are characterized by:

• Structural inferiority compared to official judicial institutions.

• Lack of procedural fairness and due process.

• Informal or unofficial operations, often driven by bias or public sentiment.

• Unjust outcomes, which risk violating an individual’s rights and dignity.

How is Media the Real Kangaroo Court?

Trial by media closely mirrors the nature of a kangaroo court. In both cases, the presumption of innocence and due legal process are ignored. Media trials occur when news outlets declare a person “guilty” before a court has ruled, leading to a parallel trial by public opinion.

Key Points:

• The term “trial by media” gained prominence in the late 20th and early 21st centuries, especially with the rise of television and digital news.

• It refers to news coverage that shapes public perception of guilt or innocence, regardless of legal proceedings.

• Under Article 19 of the Indian Constitution, freedom of speech and the press is a fundamental right. However, this freedom should be used judiciously and responsibly.

• When media shifts from impartial reporting to judgment, it replaces due process with a public spectacle, often resulting in social condemnation before any legal conviction.

• The media’s responsibility is to inform—not to convict. It must prioritize facts over speculation, and fairness over sensationalism.

Recent Examples of Media Trials

Several high-profile cases have highlighted the dangers of media overreach and premature judgment:

• Samay Raina Case: The comedian was accused of mocking disabled people. Media platforms quickly labeled him guilty, causing serious reputational harm before any investigation. As a result, he had to remove related content from India’s Got Latent due to the backlash.

• Aarushi Talwar Murder Case: Extensive media coverage led to prejudgment, overshadowing the court’s role.

• Vijay Mallya Controversy and Ayodhya Dispute: These cases were widely covered with biased narratives, creating a distorted public opinion.

• Nithari Killings: Sensational reporting influenced public sentiment and judicial perception.

Such instances prove that media coverage, when unchecked, can influence trials, damage reputations, and interfere with justice

Conclusion

The misuse of media trials not only harms individual reputations but also erodes trust in the judiciary and journalistic integrity. The media, often referred to as the fourth pillar of democracy, wields immense power to shape public discourse, influence governance, and hold institutions accountable.

When used ethically, media can play a constructive role, as seen in the Nirbhaya gang rape case, where continuous coverage led to the formation of a fast-track court, legal reforms, and nationwide introspection.

However, when media prioritizes TRPs and clicks over truth, it becomes the real kangaroo court, undermining its very purpose. To restore public faith, the media must return to ethical journalism, committed to truth, balance, and justice.

“With great power comes great responsibility.”
The future of media in a democratic society depends on upholding this ideal.

By: Aameya Sharma
B.A. LL.B (Hons.) – 9th Semester
University Institute of Legal Studies, Panjab University, Chandigarh