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2015-2016 ALSA 24 (2015-2016)
Media Trial vs. Right to a Fair Trial: An Endeavour to Learn about Existing Judicial Safeguards and Thinkable Solutions

handle is hein.journals/alsacdmj3 and id is 26 raw text is: 

       Media Trial vs. Right to a Fair Trial:

  An Endeavour to Learn about Existing Ju-

                       dicial Safeguards

                 and Thinkable Solutions
                            Md. Pizuar Hossain

Md. Pizuar Hossain has completed his LL.B. (Hons.) from BRAC University, Bangladesh. He was awarded
the 'Vice-Chancellor ' Gold Medalfor obtaining the highest CGPA from BRAC University. Atpresent, he is
working as a Faculty Member at the Department ofLaw, East-West University, Bangladesh.

This article is concerned about an existing conflict between the rights to freedom
of expression and freedom of press, and the right to a fair trial as created by the so
called media trial. The author explains the general notions of media trial providing
relevant case studies of Bangladesh, India, and the United States of America (USA).
Besides, the author attempts to define 'prejudicial news reports' and determine as
to whether disseminating prejudicial news reports amount to contempt of Court
referring to the relevant legislations and precedents of many jurisdictions. Further,
the author tries to discuss certain existing judicial safeguards against media trial
including some possible solutions. In other words, the main purpose of this paper
is an endeavour to analyze impacts of media trial to reach some conclusions which
       will ultimately aid in the administration of justice in criminal trials.

             I. Introduction

We often    read particular news of
many criminal incidents in newspaper
at our breakfast table and watch the
same via broadcast media presenting
some individuals as accused for alleged
crimes. Then and there, most of us
typically start to assess the matters on
the basis of the news reports and point
our fingers at the persons believing
them as true culprits. As a matter of fact,

'the news media and crime are locked
in a symbiotic relationship.'1 Various
forms of print media e.g. newspapers,
magazines etc., and electronic media
e.g. television, film, radio,  video,
and    Internet  services   including

1 Ted Gest, 'Indictment & Trial of Media's Crime
Coverage' [2003] 2 Journal of the Institute of Justice
and International Studies 1, 1.

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