India's Supreme Court warns of social media's threat to fair trials
India’s Supreme Court has expressed serious concerns over the new tendency among both the public and the authorities of uploading videos shot on mobile phones on social media, posing a serious threat to a fair trial. It was hearing a public interest litigation (PIL), which accused the police of uploading videos and photographs of the accused on social media, which created a bias in people’s minds towards them "Police can be restrained through the standard operating procedure (SOP),” said the court. “But what about the media, especially social media, and the public? Can they be restrained? Comparatively, TV channels are much more restrained, even though one might disagree with their views.” In fact, the police must not create a bias against the accused through briefings, it said. The court said it is the duty of the investigating agency to conduct an independent investigation to unravel the truth. “To ensure that a balance is maintained, the manual is a very positive step. The manual will restrain the police from making over-enthusiastic statements which may be inferable with regard to matters that are subject to adjudication in a forensic and dispassionate manner.”Stay up to date with the latest news. Follow KT on WhatsApp Channels.A senior counsel, appearing on behalf of the petitioner, referred to the trend of police posting images of the accused being handcuffed, tied by ropes, paraded before the media and forced to kneel, which not only affronts personal dignity of the accused but also adds to public bias against the person, even before the court hears the case."We understand that police briefings to the media must be responsible and reasonable, and must not be exposed to bias, because in a criminal justice system, the investigating agency is neither pro-victim nor pro-accused," the court informed the counsel. "However, what happens when such an exercise, though restraining the police, is not able to remove the cloud or the vitiated atmosphere created through third-party indulgence, where sections of the media go on spinning narratives either way, resulting in a media trial that completely subverts the rule of law," it added, noting: "the entire issue needs to be considered beyond what has been raised in the petition, and there should be a comprehensive mechanism for the police and the conventional and social media."Solicitor General Tushar Mehta remarked that some tabloids on social media were acting like blackmailers. "There are some platforms which exist only virtually, which are blackmailers. Blackmailing is an understatement," he added.The judges remarked that the problem is “the atomised social media." According to them: “It is akin to or a different facet of digital arrest. There is a tendency in towns and cities away from the national capital where people flaunt their credentials as media persons and boldly display them on their vehicles for ulterior designs." It said it also knew a few advocates who sport 'Supreme Court Advocate' stickers on their cars to avoid paying tolls on highways.The court asked the petitioner to refile a petition with an enlarged scope after the new police guidelines were implemented in April.'Absolute' robbery: Indian Supreme Court slams banks over Rs520-billion digital fraudOver 8,000 Middle East conflict-themed fake websites pose threat to residentsUS‑Israel‑Iran war turns cloud infrastructure into battlefield, tech experts warn
India’s Supreme Court has expressed serious concerns over the new tendency among both the public and the authorities of uploading videos shot on mobile phones on social media, posing a serious threat to a fair trial.
It was hearing a public interest litigation (PIL), which accused the police of uploading videos and photographs of the accused on social media, which created a bias in people’s minds towards them
"Police can be restrained through the standard operating procedure (SOP),” said the court. “But what about the media, especially social media, and the public? Can they be restrained? Comparatively, TV channels are much more restrained, even though one might disagree with their views.” In fact, the police must not create a bias against the accused through briefings, it said.
The court said it is the duty of the investigating agency to conduct an independent investigation to unravel the truth. “To ensure that a balance is maintained, the manual is a very positive step. The manual will restrain the police from making over-enthusiastic statements which may be inferable with regard to matters that are subject to adjudication in a forensic and dispassionate manner.”
Stay up to date with the latest news. Follow KT on WhatsApp Channels.
A senior counsel, appearing on behalf of the petitioner, referred to the trend of police posting images of the accused being handcuffed, tied by ropes, paraded before the media and forced to kneel, which not only affronts personal dignity of the accused but also adds to public bias against the person, even before the court hears the case.
"We understand that police briefings to the media must be responsible and reasonable, and must not be exposed to bias, because in a criminal justice system, the investigating agency is neither pro-victim nor pro-accused," the court informed the counsel.
"However, what happens when such an exercise, though restraining the police, is not able to remove the cloud or the vitiated atmosphere created through third-party indulgence, where sections of the media go on spinning narratives either way, resulting in a media trial that completely subverts the rule of law," it added, noting: "the entire issue needs to be considered beyond what has been raised in the petition, and there should be a comprehensive mechanism for the police and the conventional and social media."
Solicitor General Tushar Mehta remarked that some tabloids on social media were acting like blackmailers. "There are some platforms which exist only virtually, which are blackmailers. Blackmailing is an understatement," he added.
The judges remarked that the problem is “the atomised social media." According to them: “It is akin to or a different facet of digital arrest. There is a tendency in towns and cities away from the national capital where people flaunt their credentials as media persons and boldly display them on their vehicles for ulterior designs." It said it also knew a few advocates who sport 'Supreme Court Advocate' stickers on their cars to avoid paying tolls on highways.
The court asked the petitioner to refile a petition with an enlarged scope after the new police guidelines were implemented in April.
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