The effect of social media on the right to a fair trial

Abstract

Our justice system is of utmost importance for the smooth operation of a democratic society. Every person suspected of a crime has the right to a fair trial before an impartial and independent court which has been established by law. Many systems and safeguards are in place to ensure that this right is seen to, and that everyone is able to enjoy it. The right to free expression and the freedom of the press are also a pivotal part of a democratic society. A free press acts as a watchdog for those in power and through free expression is able to scrutinise and criticise the action of the State. The press is important to keep the public informed as they rely on such entities to receive information. Through the years, the press has not only expanded and grew, but it has also evolved with the time. Social media has become part of the everyday lives of most people. More people have access to the news, and social media has made it possible for people to interact with the news and share their opinions. With this development, the effect of such easy access to the news on social media on people’s opinions has arguably grew. In this work, I aim to examine the possible effects that social media might have on a fair trial, and how the right to a fair trial and that of free press and freedom of expression can be balanced for both rights to be enjoyed.