MASS MEDIA - PUBLIC OPINION ABOUT CRIME AND JUSTICE BY: VIDHI CHAUHAN
AUTHORED BY: VIDHI CHAUHAN
In
today’s media-driven world, the report of crime has a huge impact on how people
perceive crime and justice. Since most people don't experience direct exposure
to crime, they rely on media as the source of information. However, this
influence of media often misleads the public perception due to biased and
sensationalized reporting that may not reflect the reality. This paper explores
impacts coverage of crime. These factors often lead to increased public fear,
moral outrage, and skewed understanding of crime. There is positive side as
well that media plays a crucial role in raising awareness about crime
prevention, educating citizens on legal rights, and promoting transparency in
law enforcement. And to also bring global attention for serious issues and
prompt action. The paper ends by suggesting the media to continue being a
positive force and the need for stricter laws to ensure that the media presents
accurate and balanced information about crime to help people form more informed
opinions on justice.
Keywords:
Media, Crime, Justice, Public, Opinion, News, Legal, Judiciary
Introduction
Media
has always been a significant part of our lives which is even before modern
technology. Although in the past, the media was much simpler yet it played an
important role in delivering news to the masses. Today, with the advancement in
the technology, there is an instant travel of the news around the world, which
often influences how we think about politics, economy and especially crime and
justice. The society that we live in today is deeply fascinated with crime and
justice as there is a media consumption from movies and documentaries to news
reports and casual conversations, Crime is a common topic. However, the way in
which the crime is reported in the media strongly affects the viewpoint of the
public towards criminals, victims, police and the justice system. We often make
quick judgments that might not be accurate and since large portion of the
society get the information about crime through the media, hence why it is
important to understand how these portrayals influence the public in shaping
the opinions of crime and justice and how society sees law enforcement and
legal processes.
Methodology
The method of research used in this
paper is a Doctrinal Research by analysing and using books, journals, articles,
judicial precedents, committee reports etc to have an insight and in-depth
analysis of my topic. It focuses on analysing theoretical frameworks. Content
analysis of various television programs is also applied in order to understand
the perspective media creates in the society.
Research Question
1. How do agenda-setting, framing, and
sensationalism by the media influence public perceptions of crime, justice, and
law enforcement, including the creation of moral panic and the fear of crime?
2. What are the positive and negative
roles of media in shaping public awareness of legal rights, influencing policy
reforms, and promoting crime prevention, with examples of notable cases and
campaigns?
3. How does media stereotyping,
stigmatization, and the practice of media trials impact vulnerable communities,
judicial processes, and societal trust in the criminal justice system?
Thesis Statement
Mass media, through agenda-setting,
framing, and sensationalism, significantly shapes public perception of crime
and justice which often fuels fear, stereotypes, and moral panic. While media
can advocate for justice and policy reform, it also risks undermining public
trust in the legal system through biased reporting and media trials. This paper
argues that with greater power comes greater responsibility and thus, a
responsible journalism, guided by collaboration with policymakers and the public,
is essential to ensure media’s positive role in promoting transparency,
justice, and social welfare.
Since
there is a wide spread of the media platforms and its reach to the public, it
has been successful and has grown significantly in shaping public perceptions
of crime and justice. For that, media follows the key mechanisms which are
agenda-setting, framing and sensationalism This mechanism not only helps media
to shape what people think about crime, but also how they think about it.
This
mechanism refers to the ability of media in determining the issues which are
considered important by the public with focus on giving more coverage to any
specific topic than others. This is how, by choosing to focus on any particular
type of crime, the public can be influenced by the media. Maxwell McCombs
explains this agenda setting theory that the selective reporting by the media
often influences the views of public as pressing societal issues even if the
media’s portrayal is not reflecting proportionately in the reality. For
example, media emphasising on certain types of crime, such as violent or
heinous crimes, may create a skewed perception of the prevalence which may not
be relevant with the actual crime statistics.
The
example of this theory can be seen in the U.S. where the media covered the
incidents of violent crimes in Chicago. Although the crime rates there were
decreasing, the media often spotlight shootings and gang violence which created
a public perception of crime being rampant. This selective covering can lead to
increase in fear and a lead to call for a stricter law enforcement even when
there is a reduction in the rates of crime and violence. For an instance, in
the year between 2020 and 2021 due to the extensive coverage of violent
incidents, led to Chicago being called as “Crime Capital” which misrepresented
the actual crime situation.
Framing
is one of the mechanisms that media uses in order to outlet the news stories
which influences public interpretation and reaction. The same incident can be
framed in different manners as it varies in public responses according to how
it is presented to the public. For example, if the gang violence is framed as a
societal issue that it may prompt a call for social reforms while if it is
framed as an individual failing, it may lead to a demand for stricter laws.
In
the study by Stanley Cohen,
he examines how the coverage of media on the youth groups called Mods and
Rockers in 1960s UK affected the public perception. The media reported those
incidents where these groups were involved in order to make them seem very
dangerous. This led to the ‘Moral Panic’ in the society towards youth crimes
and which demanded police action against these young people. The Public viewed
these groups as a major threat to the society. This resulted in the escalation
of anxiety over youth crimes despite the statistics showing relatively low
crime rates.
Sensationalism in media
is practice where the news stories are presented in a way that it exaggerates
or dramatizes the facts in order to gain the attention and to provoke a strong
emotional reaction from the public. The media focuses on the shocking details,
use of provocative language or emphasizing on the graphical aspects of a story
which often downplays the important context or an accuracy of the facts. This
leads to the distorted perceptions of reality because it prioritizes
entertainment value over responsibility. Very common examples include
exaggerated crime reports, disaster coverage, scandals etc which prioritize
viewer engagement. Sensationalism on the one hand might boost the ratings and
clicks but on the other hand, it can also perpetuate misinformation, promotes
fear and contribute to societal issues such as prejudice and anxiety.
Responsible journalism always seeks to balance between engaging stories and
ethical standards and concerns to prioritize public interest and truth over any
sensational narratives.
For
example, shows like Crime Patrol, Savdhaan India and CID are very
much popular in India and is consumed by a large audience. However, these
serials often exaggerate real crimes for the purpose of entertainment and which
is why, instead of focusing on the truth the show highlights some shocking and
disturbing elements. They create over dramatic visuals. For an instance in
crime patrol, it tells its stories in a very thrilling way which misleads people
about actual crime rates. And because of this sensationalism there are chances
of public creating a biased perceptions about the working system of law and
justice because the reality is often much more complicated and crimes usually
take time to resolve. This creates unrealistic expectations from law
enforcement and the justice system about how quickly crimes should be solved.
This also creates a sense of fear and mistrust in the society.
Although
the sensationalism has its negative impacts on the public perception, it has
its positive side as well. For example, in a very recent Pune Porsche
Case where a minor boy under the influence of intoxication drove a car
at a high speed with resulted in the collide, leading to the death of 2 people.
Initially the accused was given a bail due to the political influence despite
the severity of the case. However, the media focused intensively and
sensationalised the event by emphasizing the dangerous combination of wealth,
lack of accountability, and recklessness which lead to widespread public
pressure. This forced the authorities to reassess the situation and eventually
the bail given was revoked and the boy was sent to judicial custody. This
highlights the power of media and how sensationalism can bring the issues which
might go unnoticed. Media attention often brings authorities to act
transparently especially when it comes to public sentiment.
The
mass media plays a very crucial role in shaping public perceptions of crime,
which contributes to what is known as the “fear of crime”. In one of the
studies, Fear of Crime is narrowly defined as “an emotional response of
dread or anxiety to crime or to symbols that a person associates with crime”
This perception and the belief of the people about the crime is formed
through mainly two sources, which is direct experiences and indirect
information from media channels like newspapers, television and digital media.
One
of the well-known theories which explains the fear of crime, is cultivation
theory which is developed by George Gerbner in the 1960s. According to his
research, it showed that people who watch more than four hours of television
are more likely to feel that they live in a violent society. It is because the
prevalence and the severity of crime, which is portrayed in the media, is often
in an exaggerated form. As a result of which those heavy viewers are more
likely to adopt a view that aligns with what is represented in the media. There
is also a symbiotic relationship between fear of crime and perceived risk. For
example, if a person is encountering media portrays of violent crime frequently
then their emotional responses can amplify their perception of risk, which
might lead to increased fear and anxiety about their own safety.
Another
very important theory, which is social learning theory, developed by Albert
Bandura According
to this theory, people learn to behave by observing and imitating others. So,
when an individual sees any criminal activities which is depicted in media like
movies or television shows, then there are chances of that person begin to view
this behaviour as normal or acceptable. For example, if a person is frequently
watching a crime based movie, or any documentary where a criminal uses violence
to solve problems and is getting away with his actions and receiving little to
no punishment, then person consuming the content might start to think that the
behaviour which is portrayed in the movie is acceptable in real life as well
and it can be used to achieve goals which will eventually lead to increase in
the fear among the viewers about their safety.
Thus,
media plays a very significant role in influencing the perception of people
towards crime. Because when a person views any crime report, then there are two
possibilities to be experienced by that person. The first one is either it’s
imitating the particular criminal behaviour which is being represented in the
media or experiencing a fear of crime and stressing about the personal safety
by viewing the world to be a violent society.
Media
often contributes in stereotyping certain aspects of the society, which results
in stigmatisation. The stereotypical and stigmatising media coverage can create
a long-lasting effect on public perception that might disproportionately target
certain groups, locations or neighbourhoods and promoting social prejudices.
This might lead to real world consequences such as discrimination, fear, social
isolation, etc and creates moral panic in the society because media makes
people extremely afraid of certain group or event in order to exaggerate the
danger which leads society reacting strongly despite the threat being not
serious, as it is portrayed.
Very
notable examples are when the media has portrayed certain religious communities
especially after terrorist attacks. For an instance, after 2008 Mumbai attack
there were headlines like “Islamic Terror Strikes Mumbai” which promoted
the stereotype that Islam and terrorism are linked with each other and thus
created discrimination against the Muslim community in the society. Similarly,
during 9/11 attacks, the moral panic was created as headlines like “Muslim
Rage”, “How Terrorists Are Made” were spread widely which created a
view of Muslims and Arabs as security threats. Because of this people from
these communities were unfairly targeted through racial profiling and being
subjected to surveillance in public spaces, thus creating a Islamophobic
environment.
Media serves as an intermediary between the public,
government and policy makers particularly in matters concerned about crime and
justice. It plays a pivotal role in influencing the opinions of the public
towards crime and which in turn can pressure the authorities to enact or amend
policies especially in matters related to crime and justice. For example, if
media is portraying crime as the rampant, then it may lead to demands by public
for harsh or punitive punishments even if the crime rates are decreasing. While
on the other hand, if the media is highlighting systematic issues in justice
system or in existing policies then it can prompt demands for reforms focusing
on fairness and equity. (Surete,2014) Media not only brings attention related
to criminal incidents to the society, but also highlights gaps in existing
laws. It highlights and portrays those issues which needs public attention and
awareness in order to bring public outrage over existing system and to promote
a dialogue on the issues of social justice.
The
media also plays a crucial role to raise awareness about the individual legal
rights through different mediums, such as news reports, documentaries, social
medias radio, television, etc. For an instance, the very famous Sheena Bora
case in India, which received significant media coverage helped in educating
the public about the complexities of the legal rights, the importance of fair
trial and the due process in criminal cases.
Other
than this, films and documentaries like India’s Daughter, Talvar, Pink,
Thappad, The Lincoln Lawyer, Article 15, No One Killed Jessica, etc
helps in promoting discussions and spreading awareness about legal rights of an
individual.
Several
campaigns are initiated by the National Legal Services Authority (NALSA) in
India such as A Campaign for Accessing Justice to Convicts in Prisons
Through Legal Services, A Campaign for Legal Assistance to Family Members of
Prisoners, etc. to educate and aware citizens about their legal rights and
entitlements especially to those marginalized sections who are unaware about
the resources available to them. The campaign uses the mediums like television,
radio, social media, newspapers, etc, in order to reach the larger audience and
focusing on the important rights such as protection from discrimination, right
to free legal aid and rights under various social welfare schemes, etc.
Case
Study: Mukesh v. NCT of Delhi (Nirbhaya Case)
In
2012 a young woman referred to as Nirbhaya was brutally gang raped and murdered
in Delhi. It sparked national as well as international outrage as media
extensively covered this incident in order to amplify public anger and
dissatisfaction with the country’s handling of the Related to sexual violence.
The shortcomings of Indian justice system particularly the lack of any strict
laws for sexual crimes was focused by news outlets, social media platforms and
also international media. Due to which public protests were driven by media
coverage to demand immediate policy action. And because of this pressure there
was a formation of Justice Verma Committee which
reviewed the legal framework of India for crimes against women and as a result
of which Criminal law (Amendment) Act, 2013 was passed. This act introduced
stricter penalties for sexual crimes, which included the death penalty for
repeat offenders and it also criminalised stalking and voyeurism.
Thus,
media plays a significant role to provide a platform for the voices of the
society and becomes a link between public and policy makers for
transparency.
Barthe
in his studies provides a definition for Prevention Publicity by
defining it as “(1) A planned effort (2) by an agency (3) to promote crime
prevention practices (4) by creating distinct campaigns designed (5) to educate
victims or deter offenders.”
He says that this Publicity is helpful to inform and educate communities about
any problem prevalent in the society. It introduces various methods of
target-hardening or to warn of an increased presence of police and decreasing
the opportunities for a crime to occur.
Media
campaigns are one of the popular methods in crime prevention efforts which aims
to inform the public and to deter criminal behaviour by increasing the
awareness of the risk and the consequences of the crime, if committed. As only
crime prevention strategy is not sufficient to direct its impact on the public,
it needs Publicity Campaign to reach out and impacting larger audience. These
campaigns are often based on deterrence theory which suggests that human beings
are rational actors who can be discouraged from committing any crime if they
believe that the punishment is severe swift or certain. It targets the broad
audience in order to change their views of the society about crime and
punishment. To maximise its effectiveness campaigns, have specific measurable
goals and target the right audience, which may be a victim or an offender or
both. It uses various forms of media, such as brochures public service
announcements local engagement, social media etc to increase the chances of
success in preventing crime.
In
one of these studies by an author named William Bailey
examined that ‘Instrumental Crimes’ like burglary and robbery which involves
planning and calculated decision making are more likely to be impacted by media
campaigns than the ‘Spontaneous Crimes’ like assault or homicide. It is because
the media campaign that highlights on focusing the increased perception of risk
or higher chances of getting caught or stricter penalties can deter an
individual from committing these instrumental crimes. But those crimes which
are spontaneous cannot be affected by those deterrence-based media campaigns
because it focuses on making an individual thing about the consequences before
they act which works as a better option for planned crimes and these
spontaneous crimes often occur during unexpected situations without thinking
about the consequences and are impulsive in nature.
Media trial is generally
referred to as an influence of media on public opinion about an individual’s
guilt or innocence before or after a court verdict. This became prominent in
late 20th and early 21st centuries and is often referred
to as “Janta Adalat” Where the opinion of the public heavily influences the
outcome of any particular case regardless of the judicial process. While it is
important for a media to highlight important cases as in the Priyadarshini
Matto or Jessica Lal murder cases but its influence can also cause
harm. There are many instances where media often driven by the ratings and
sensationalism have interfered in the investigations which are ongoing and have
led to public bias and pressure on the judiciary. The Aarushi Talwar and the Sushant
Singh Rajput case are the examples where extensive media coverage
clouded the legal process which resulted in public outrage and misinformation.
Effects of media trial
often extend beyond the courtroom. It impacts both victims and the accused. For
example, in the cases involving Sexual offences media expose the identities and
the experiences of the victim publicly, which causes severe emotional trauma to
the victim. Similarly, the biasedness in the reporting of media damages the
reputation of the accused despite being acquitted by the courts later. It can
influence public to show hatred towards the accused. This can lead to the
violation of the principle, “innocent until proven guilty”, which is a
cornerstone of fair trials. Moreover, media trials have its profound impact on
the society as a whole because when media presents news in a manner which
promotes sensationalism rather than actual facts, that it can create perception
of undermining the judiciary in the eyes of the people. As a result of which
media indirectly influences the judiciary and legal professionals by pressuring
the judges to deliver verdicts that align with the expectations of the public
originally shaped by the media. In extreme cases judges often face public backlash
and threats to their safety if it is against the narrative created in the
vision of public by the media coverage. This clear manipulation of public
sentiment and using them as its instrumentalities possesses a huge risk to the
integrity of the legal system.
Although the Indian
Constitution guarantees the freedom of speech under Article 19(1)(a), but this
freedom is subject to some reasonable restrictions and especially in the
matters that could interfere with the justice administration. This was
reiterated in the case of Siddhartha Vashist v. State (NCT of Delhi)
(Jessica Lal Murder Case) which emphasised that media interference in the
matters which are sub-judice is unacceptable.
Case
Study: Jessica Lal Murder Case
Jessica
Lal murder case is one of the most prominent examples of a media trial in
India. Jessica, who was a Delhi based model was shot dead by Manu Sharma, the
son of a powerful politician when she refused to serve him alcohol at late
night party. The case initially failed in the court due to insufficient
evidences despite multiple eyewitnesses and Manu Sharma was acquitted in 2006.
His acquittal sparked a public outrage which was fuelled by extensive and
intensive media coverage as they it continuously reported on the injustice and
created a perception in the public to demand a retrial. It mobilised the public
opinion by organising protest and creating pressure on the legal system. Under
this public pressure, the case was finally reopened and in 2006, the Manu Sharma
was found guilty of Jessica Lal’s murder case by the Delhi Court and was
sentenced life imprisonment.
Although
the media trial helped in bringing the justice but it also raises serious
questions about the influence of media on the legal processes as it can
sometimes overrule fair judicial proceedings because of the pressure created in
the society through its coverage.
Conclusion
The
paper highlights the need for a strong partnership between the media,
government, and public to enhance accurate crime reporting. A
"Communication Policy" is suggested to foster transparency,
collaboration, and responsible journalism. Engaging NGOs, scholars, and
community groups can promote “civic journalism” and encourage proactive crime
prevention. The government should provide training to journalists to improve
reporting standards, reduce sensationalism, and eliminate stigmatization.
Additionally, individuals are urged to critically evaluate the information fed
to them, as media often filters content for sensational appeal.
From
a broader perspective, media can be both a boon and a bane. As a boon, it
serves as a powerful tool for raising awareness, promoting transparency, and
encouraging civic engagement. However, it can also become a bane if misused for
sensationalism, misinformation, or biased reporting. This dual nature
underscores the need for responsible media practices to ensure it remains a
positive force in society.
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