Introduction
Media is considered the major source of the creation and dynamism of culture. The power of these intellectual tools is so great that without them a society with dynamic culture cannot be formed. Media are tasked with spreading information through society and have many overt and covert functions in the fields of education, information and entertainment. In addition, the media play an effective role in both crime emergence and crime prevention, because general knowledge about crime and justice is learned to great extent from the media.
On the other hand, Criminology is the study of crimes, criminals, crime victims, theories explaining illegal and/or deviant behavior, the social reaction to crime, and the effectiveness of crime control policies. The field of criminology seeks to understand and explain crime, with the subsequent goal of reducing its frequency and minimizing the severity of its negative impacts.
Though these two appear as two distinct bodies, they are interconnected with each other. Media picturizes or visualize the concept of criminology to the general public. It is the established mode of communication.
The relationship between the criminal justice system and the media system has been the subject of research, speculation, and commentary throughout the twentieth century. This relationship may be understood in terms of dependency relations operative between these massive systems.
Relationship between mass media and criminology
Media is considered to be the fourth pillar of democracy, after Legislature, Executive and Judiciary, as coined by Thomas Caryle.
A responsible press is the handmaiden of effective judicial administration. The press does not simply publish information about cases and trials but subjects the entire hierarchy of the administration of justice, as well as the judicial processes, to public scrutiny. Free and robust reporting, criticism and debate contribute to public understanding of the rule of law, and to a better comprehension of the entire justice system. It also helps improve the quality of that system by subjecting it to the cleansing effect of exposure and public accountability.
Media is also known as the gatekeeper of crime coverage as it picturizes the image of police, courts, court proceedings, judges and others to the general public.
The relationship between crime and media perception about it are essential to formulate criminal justice system. Media play a crucial role in public policy making and the media coverage of crime news stories help to set the agenda and reinforce support of punishment.
Media as evidence
Media has become an important part of police investigation as it helps investigation with the release of CCTV footage and other similar sources.
These days all the communication are done in the digital mode. Therefore, the media posts are brought in as evidence. For examples, social media posts; whatsapp conversation; call recordings and others. Though the court as admitted the electronic evidence but not in full-fledged form.
Moving further whether newspapers or Television bytes are considered as primary evidence if it is the original copy and is presented without any interpretation.Therefore, it is purely depending on the facts and circumstances of the case.
Media as law enforcement agency
Role of Broadcasting of criminal trials in recent times has added an extra level of transparency in the overall justice delivery system. Today, we can see the live broadcasting of the Supreme Court and many other High Courts in the website and in the official YouTube channels. This has added to the transparency and common people can actually understand the working mechanism of the Honorable Courts. Due to some movies or serials the Court proceeding were considered to be dramatic, undignified, unmannered, funny etc. This live broadcast has been successful in making common people understand the actual atmosphere of the court.
When informing a community about a crime problem, introducing target hardening measures or warning of increased police patrols this can lead to an increase in self-protection and decrease in offenses. By way of using media law of enforcement can target two audiences which would be potential victims and offender.
Media Trial V. Judicial Trial
Trial by media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a persons reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law. In recent times there have been numerous instances in which media has conducted the trial of an accused and has passed the verdict even before the court passes its judgment. Some famous criminal cases that would have gone unpunished but for the intervention of media, are Priyadarshini Mattoo case, Jessica Lal case, Nitish Katara murder case and Bijal Joshi rape case, Shushant Singh Rajput case, Aryan Khan drug case and others.
Sometimes it is opined that because of influence by media, the judiciary was influenced and sometimes it is opined that it is media threw light on the facts of the case so that judiciary could act upon.
Media creates a pre-confirmation bias in the minds of the common people. The best example would be in Aryan Khan Drug Case, the social media and other media lashed out the Judiciary for not granting bail, accused of biased trial and so many other allegations. On the contrary, they were bound to act as per the established legislations.
Advantages and Disadvantages of role of media in criminology
Information conveyed by media regarding sensation crimes does awaken public concern and activate criminal law of administration to initiate step to prevent reoccurrence of such crimes. On the contrary people derive ideas from it and commit crime. There are many instances where murders, thefts, destruction of evidence was done influenced by a Movie or actual crime incident.
The criminal justice system is a resource for the media system in that it affords one of the common sources of news and entertainment stories. The exaggerated reports of crime and distorting news appearing in the newspapers create panic among the public with respect to crime and criminals but the persistent presentation of crime through mass media preserve an attitude of indifference to criminal offence among the people. Exaggeration of facts to gather the interest of viewers is causing great trauma. Best example would be the TRP scam during the death of Shushanth Singh Rajput Case.
Pre-Confirmation bias will be created in the minds of the public. General public believe that whatever shown in media is correct. They also build their interpretation in and around the same. They would not like to think out of the box and look at the other perspective. Therefore, if the judiciary takes a stand against this, they the judiciary is blamed as corrupt.
On the one hand, the media can be an important mechanism for generating valuable information from the general public. On the other hand, dealing with the media can take up valuable time and resources during the critical early stages of an investigation. It is undoubted that media reaches before the investigating officers does,
Media crime stories, whether the news or entertainment genre, instruct and update these understandings. Commercial media organizations translate this relationship with their audience into the profit that flows from advertisers. Today we can find many documentaries, movies, serials on actual case proceedings. However, majority are fabricated to add drama and make it interesting as well as heart wrenching for the viewers.
Entertainment media have also been studied and criticized for their influence over public perceptions of the people and institutions that comprise the criminal justice system. A striking amount of movies, OTT Platforms, serials picturize lawyers, police officers and other judiciary bodies in a Negative role. This has lead a great impact on the society. The court proceedings are mocked and it is filmed in a different way.
The greatest threat is the so called influences in the digital media. Even though they are not qualified or educated enough they dare to provide legal information. Often this information is misleading. It has to be kept in mind that the interpretation of Court is not universal and it can have some exceptions. For example, just because an offence is bailable, need not necessary that court has to grant him bail. Bail is never a matter of right. On the contrary, they stress that particular offence is bailable and people consider it that its their right. For the sake of likes, views and engagement rate there has been a lot of misrepresentation of information these days.
Today, sensational crime and justice events are webcast as they happen, high-profile celebrity trials are tweeted live, riots and revolutions are orchestrated with social media, and the growth in reality programming continues to erode the boundaries between news and entertainment, fact and fiction.
Just as law enforcement can use social media as a tool to track down criminals, criminals can use it as a tool to track potential targets.
Conclusion
The Role of media in criminology is not easy to define. All it could be said that they are inter-woven and inseparable.
The Supreme Court in R.K. Anand v. Delhi High Court; (2009) 8 SCC 106 reiterated that the media and the judiciary are institutions inhabiting separate spheres and their functions do not overlap. One cannot and must not use the other for discharge of its functions. It was observed that media should only engage in acts of journalism and not act as a special agency for the court. The impermissibility of freedom of speech and expression amounting to interference with the administration of justice due to the prejudicial nature of certain media coverage was also highlighted.
Therefore, both media and the criminal administration system should be responsible about picturisation of facts to the general public. Media plays the role of educator to the public at large, henceforth they have a great responsibility in their shoulders.
Media often provokes the atmosphere of mob lynching or influences the perception of general public but it also plays a very crucial role in moulding the mindset of the present generation and does an outstanding job in bringing the criminal on the hook. Although the mob mentality exists independently of the media which merely voices the opinions which the public already has. Media also assists with the problems arising due to the celebrities or corrupt people bribing authorities in order to escape court trials and thereby fearlessly bringing the truth into display in compliance with justice. It is true that the Judiciary has taken suo motto cases based on the media reports. Recently on March 24 2022, The National Human Rights Commission, NHRC, India has taken suo motu cognizance of media reports that 8 persons, including women and children were allegedly burnt to death in Bogtui village in Rampurhat area of Birbhum district, West Bengal on 22nd March, 2022, after TMC leader was killed in a bomb attack.
To conclude Media has a great role to be played in criminology but it has to present the facts and not the interpretation as well as judgement. As the judiciary will take up the second part.