Trial by media: overcorrection of the inadequacy of the right to free speech in contemporary China

Abstract

The sustained boom of contemporary China has empowered the country's people in various fields. One field worth our special attention is the Chinese people's enthusiasm for matters of public interest. In fact, there have been many instances in which hypercorrect public opinions in the media have profoundly intervened in or even dominated the judgement of certain legal cases. While stimulating progress in the development of democracy and freedom of speech, such media trials are also problematic, as the public's emotion-driven opinions may impair judicial independence and fairness – the guardians of democracy and free speech. The media trial is thus an expedient overcorrection of the inadequacy of the right to free speech, yet it is by no means a sound solution. By drawing on cultural theories on the right to free speech and discursive power, this article analyses the motivations behind the fanatical practice of media trials. Both free speech and judicial independence are important to a democratic society; however, from a long-term point of view, trial by media as a means of correcting the right to free speech default is a quasi-measure and can even be detrimental to the problem in question. A proper solution should be the coexistence of both, with each playing its designated role: the media must continue to publicise people's opinions, and the judicial system must operate independently.