Abstract
The advent of social media has really changed how we discuss issues in public, giving everyone the opportunity to share their thoughts and engage in conversations about legal topics. However, this increased accessibility has led to what we call social media trials, where it’s often public opinion—not legal evidence—that shapes the narrative in high-profile criminal cases. While the right to free speech and expression is protected under Article 19(1)(a) of the Indian Constitution, these social media trials can threaten the right to a fair trial as outlined in Article 21. They influence judicial processes, skew public perception, and put pressure on the courts. This paper takes a critical look at how social media trials affect legal rights, especially in terms of how they create narratives even before court rulings are made. It dives into significant cases like Shreya Singhal v. Union of India (2015) and Sahara India Real Estate v. SEBI (2012), which show how the courts have responded to online speech and media’s impact. The piece also examines the risks of biased reporting, digital misinformation, and the phenomenon of trial by public sentiment, all of which threaten the principle that one is innocent until proven guilty. Furthermore, it assesses the legal boundaries and regulatory measures in place that address social media trials, such as contempt of court laws, defamation laws, and the Information Technology (IT) Rules, 2021. While some level of regulation is crucial to combat online harassment and false information, too much oversight could choke off real public dialogue. The paper ultimately suggests a balanced approach that protects both free speech and the right to a fair trial, ensuring that social media doesn’t compromise the integrity of the judicial system. It calls for better content moderation, ethical journalism, and judicial oversight to prevent the abuse of social media trials. In the end, while social media is a powerful tool for engaging with the public, its function in criminal trials needs to be carefully monitored to protect justice and uphold constitutional rights.
Keywords: Social Media, Media Trials, Indian Constitution, Online Speech, Digital Misinformation, Information Technology (IT) Rules