Trial by media in the millennial era: a re-examination of the effects of trial by

publicity in light of the current media evolution

CHAPTER ONE: INTRODUCTION

A. BACKGROUND OF THE STUDY

The idea that popular media can have a strong influence on the society
goes back certainly to the advent of printing press and probably much further.
In today’s modern age, the media has been one of the major forces in the
foundation of social reality. Great reliance had been imposed to it by modern
societies when it comes to communication, education and information. If
yesterday media was a reflection of the society, today, media alters societies by
presenting trends to us in the world wide web.

The powerful and pervasive influence of mass media presents us with so

many concerns especially in the in our legal system. Within this area, the
criminal justice system may be especially vulnerable. The Philippines judicial
system adheres to rules that certain procedures must be strictly observed in
the course of trying a person accused of wrong doing. By which such person is
to be lawfully investigated, formally accused, tried and finally judged by
competent authorities.

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses
face to face, and to have compulsory process to secure the attendance of witnesses and the production
of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is unjustifiable. (Sec 14, Art
III of the 1987 Constitution)

The advent of mass media aided the mass in effectively creating their
own version of trial system. Media has now reincarnated itself into a ‘public
court’ and completely overlooks the vital gap between an accused and a convict
keeping at stake the golden principles of ‘presumption of innocence until
proven guilty’ and ‘guilt beyond reasonable doubt’. The mass can now take a
stance based on internet based facts and give summary treatment involving
any citizen who they believe deserves it. A netizen can take a video of someone
violating a traffic regulation today, post it online and subject that person to the
nation’s scrutiny tomorrow.

This study will focus on the nature and effects of these so called internet
based trial to the current judicial process of subjecting an accused to trial in
the Philippines.

B. STATEMENT OF THE PROBLEM

In this qualitative study, the following questions will be addressed;

1. What is trial by internet?

2. What is its relationship to trial by publicity?
3. What are the advantage and disadvantages internet based trial?
4. How does internet based trial affect the real litigation of the
accused?

C. SIGNIFICANCE OF THE STUDY

The advent of internet has its advantage and disadvantage. Time and time
again trial by publicity had been discourage because it has can created
prejudicial biases in the administration of fair public trial.

In view of proactive stance of our judiciary in the administration of fair trial,

being more aware and informed about current modern trends will help us cope
with the millennial era. As the world changes, our process, procedures and
perspective must flow with these changes, only then we can assure that
administration of justice and our pursuit of fair trial will not become obsolete.

D. SCOPE AND LIMITATIONS OF THE STUDY

This thesis will necessarily discuss the rights of the accused during trial as
provided in Art III of our constitution. The thesis aims not to discuss the whole
process and procedures in a litigation but is rather limited on some particular
rights of the accused affected by trial by publicity. The primary focus of this
thesis is to define and elaborate how this modern trend of publicity trial affect
the trial of an accused while on litigation.

E. DEFINITION OF TERMS