Is Media Trial culture in Bangladesh a hindrance to the justice system?

We human beings are easily influenced and that's what happens when we consume a lot of media coverage of particular sensational cases. Mass media is regarded as one of the four pillars of democracy and plays a pivotal role in forming public opinion. There is no doubt regarding the media's influence in impacting the judiciary's judgment. The judiciary and media share a common bond and are equally essential for the progress of civil society. 

In Bangladesh's Constitution, both the right to fair trial and freedom of the press are guaranteed. The former is an absolute right, and the latter one is subject to reasonable restriction. Many times, the basic principles of these are at loggerheads with each other. 

The influence of media is not limited to a media trial; it also results in circulation of unverified information, for instance, age and identity of the victim or of the accused. In Bangladesh, media activism is growing, but whether it is just quenching the mass people's thirst for amusement or calling a spade a spade is an important observation to make. 

Particularly in cases of sexual assaults, from writing misleading headlines to improper selection of words, the media jeopardizes the trial and leaves the door open for character assassination of the victim. We often see the media commenting on a pending trial, and at times, we take these derogations of law as acceptable practices. Selective outrage and sweeping issues under the carpet are often staged with a political motive of controlling the public emotion.  

Until the development of online news portals, television media played a significant role in providing information to a significant part of the population. Even though television no longer enjoys this monopoly, people still look up to TV coverage as a credible source. 

The pre-trial publicity in the media, especially in sensational cases that stir national attention, impersonates a vital role in moulding the opinion and changes the viewpoint of society. Besides, it has an active role in bringing the accused to the book.

In certain sensational cases, media trials come into focus. In these matters, the public's reaction might influence judgment or punishment. Nowadays, one of the leading and most influential media is social media.

 Newspapers and TV channels currently use social media as a key medium to circulate their news. Due to modernization, the use of the internet and social media has increased rapidly. Teenagers are mostly attached to it; however, millennials are not far behind. Due to the huge number of users of social media in the world as well as in Bangladesh, it has become the most dominant front for information sharing. 

Sometimes, in case of many vital criminal cases or incidents related to public concern, online news portals use very catchy headlines of the news to convince others to read or share the news, a tactic commonly known as "clickbait." The headlines frequently help create public opinion on the accused, victim, or judgments but in many cases, people get an ambiguous, unclear, or incorrect message. It usually hampers the victim's life in case of a sensational case. The media trial also discards the concept of 'presumed innocent until proven guilty'. 

In criminal cases, the prosecution must prove beyond a reasonable doubt that the accused is guilty as charged. If there is even a shred of doubt about a person's guilt, he cannot be held accountable for the alleged crime. Nevertheless, thousands of people post or write on Facebook, Twitter, or different social media sites seeking justice and unknowingly blaming the accused or the victim in a common phenomenon that is referred to as "media trial."

To reach a conclusive decision about an accused's guilt, one has to allow the accused to give reasonable explanations for any incriminatory evidence against them. Though recently, people usually blame the accused based on news coverage. Unfortunately, our overzealous media have taken it upon themselves to bypass the due process and pass an unsolicited verdict. If an accused is proven innocent, then the impact of an unfair media trail makes their life more difficult. 

Media trials are taking new heights with each passing day. There should be a clear distinction between media activism and media trials. Besides, the media and judiciary should not be at loggerheads. Alternatively, they complement each other for the more significant benefit. Conceivably this is an indication or a result of the judicial system's failings, or conceivably it is merely unethical or lousy journalism. Still, media trials at the end of the day are undesirable and do more harm than good.

Tazmim Hossain Mim and Tanjina Rahman Priti are BFLHA Research Associates. 

Bangladesh Forum for Legal & Humanitarian Affairs (BFLHA) is a non-profit organization that works in the field of social justice by promoting human rights, providing pro bono preliminary legal aid, fighting for rule of law, conducting extensive legal research, & organizing humanitarian campaigns.

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the opinions and views of The Business Standard.