Trial by media

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]

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 popularized in 1967, 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?]}

• 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.