On July 7, the Supreme Court of Pakistan emphasised the legal and ethical implications of media coverage during criminal investigations, urging media professionals to act responsibly to safeguard the rights of both accused and victims.

“A disproportionate and excessive media spotlight and the manner it is presented is likely to create perceptions of guilt and influence the public as well as those who are associated with the criminal proceedings,” observed Justice Athar Minallah in a detailed 25-page judgement.

The remarks came during the hearing of an appeal filed by Shahid Ali, who had been convicted and sentenced to death for the murder of seven-year-old Wasim Akram in Karachi. The Sindh High Court had upheld the conviction on March 15, 2021. However, the Supreme Court acquitted the accused, granting the benefit of doubt and ordered that he be released forthwith.

The judgement noted that the accused had been interviewed by a journalist while in police custody during his physical remand. The interview was later aired on March 27, 2014, in the programme Jurm Bolta Hai on a private television channel.

Calling the case “a classic example”, the court pointed out that the accused was under a court-ordered remand solely for investigation and was presumed innocent. Despite this, the police granted access to a journalist, and the interview was disseminated to the public. The court expressed concern for the victim’s family, stating that they may also have been adversely affected by this act.

The Supreme Court warned against the common practice of televising confessions or parading suspects before cameras, observing that such practices gravely violate the rights of the accused and undermine the fairness of criminal trials.

The court ruled that confessions recorded in custody and aired by the media are legally inadmissible. “A confession made by such an accused while in custody of a police officer cannot be proved against him/her unless made in the immediate presence of a Magistrate,” it stated.

“It is not uncommon for a reporter to be given access to interview and record a statement of the accused and then disseminate it for information of the public,” the judgement added. “The news regarding a crime is always of interest to the people, particularly when the case is of high profile or the nature of the crime is of interest to the general public. An unusual interest of the public could lead to a media trial and the consequences could be irretrievable, not only for the accused but the victims as well.”

It cautioned that such media trials “could also obstruct justice by enabling wrongful convictions” and potentially allow the “actual perpetrators of the crime” to evade justice.

Justice Minallah noted that the media holds enormous power to shape narratives — whether true or false — and this influence can wreak irreparable harm on the reputation and lives of not only the accused but also their families.

“The media has the unique power to make heroes or villains, intentionally or unintentionally, and such powers are susceptible to be abused in a society where the State suppresses freedom of expression and manipulates the media,” the judgement said.

The court underscored that “a greater responsibility rests with the media to strictly observe high standards of ethical codes in order to strike a balance between the rights of parties involved in criminal proceedings and the public interest i.e. what information should be disseminated to the general public.”

Justice Minallah acknowledged that judicial officers are not immune to such influence, remarking: “The judicial officers are also humans and in this age of information and technology it would not be wrong to assume that they may also be susceptible to be influenced by the media coverage. This is a universal phenomenon.”

The Supreme Court directed that copies of the judgement be sent to the interior and information secretaries, the Pakistan Electronic Media Regulatory Authority (PEMRA), and chief secretaries of the provinces. It instructed them to take immediate steps to protect the rights of individuals involved in criminal proceedings and to ensure the integrity and fairness of investigations and trials.

The court also called upon media regulators to develop standard operating procedures in consultation with stakeholders to ensure compliance with legal and ethical standards in the coverage of criminal matters.