This paper explores the complex ethical and legal challenges posed by the true crime genre, particularly in the context of documentaries, and argues for the creation of a legal framework to protect victims’ rights. The authors integrate a diverse set of sources, primarily analysing legislations and judicial decisions that highlight loopholes in the existing statutory scheme. It assesses the genre’s impact on audiences, identifying instances of exploitation, shaping of public opinion and interference with judicial proceedings. This is further strengthened through a comparative perspective, with the authors juxtaposing American jurisprudence on notoriety-for-profit with the sheer lack of Indian recognition of victims’ rights.
This paper follows a four-part structure, closely representing the various acts of a documentary- the set-up, rising action, crisis and resolution. The Set-Up introduces the true crime genre as a cultural phenomenon, blending factual recounting with dramatization, often commodifying victims’ trauma for entertainment. The Rising Action explores the unique challenges posed by true crime documentaries, focusing on the interplay between privacy, publicity rights, and commercial exploitation. It draws on comparative frameworks, demonstrating the need for safeguards that balance the freedom of expression with victims’ rights and dignity, while preventing interference with judicial proceedings. The Crisis critiques existing laws that fail to regulate digital and over-the-top (OTT) platforms where true crime thrives. It portrays the inadequacies of current censorship mechanisms and their inability to safeguard victims’ rights or prevent the commodification of trauma. Finally, the Resolution advocates for comprehensive, victim-centric legislation tailored to the true crime genre. It puts forth recommendations, seeking to fill the legal gaps showcased throughout the article. Through this structured approach, the authors explore the legal contours of true crime documentaries and argue the need for a sui generis law governing the coverage of crime in the media
