'Every Person With A Phone Is Media': Supreme Court Warns Against Social Media Trial

(MENAFN- AsiaNet News)

The Supreme Court on Friday raised alarm over the growing menace of unchecked social media activity, warning that the trend of individuals instantly uploading videos could severely undermine the fairness of criminal trials. A bench comprising CJI Surya Kant, Justices Joymalya Bagchi and Vipul M Pancholi made the remarks while hearing a PIL that flagged how police personnel allegedly post photos and videos of arrested individuals on official social media accounts. Such actions, the petition argued, risk prejudicing public opinion, often leading to backlash against courts when accused persons are later acquitted due to lack of evidence.

The bench concurred with senior advocate Gopal Sankaranarayanan’s remark that “every person with a mobile phone has become media”, noting a disturbing societal shift where people prioritise recording incidents over helping victims. Justice Bagchi pointed out that even in accident scenarios, bystanders are quick to capture footage instead of helping those in distress.

However, the court indicated that the issue extends far beyond police conduct. While acknowledging that police departments across states have been granted three months to establish a standard operating procedure (SOP) for media briefings-aimed at balancing transparency, the right to information, and the accused’s right to a fair trial-Justice Bagchi stressed the need for a broader regulatory framework.

He said, “On a larger canvas, we believe police should not create a bias against the accused through its briefings. Police can be restrained through the SOP. 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.”

Solicitor General Tushar Mehta remarked that certain social media platforms have devolved into hubs for what could be described as “blackmailers”. Justice Bagchi underscored the core challenge, stating, “The problem is the atomised social media.”

CJI Kant drew parallels with what he described as a form of“digital arrest”, highlighting a growing trend in smaller towns and cities where individuals falsely project themselves as media personnel, often displaying such affiliations on their vehicles for questionable motives.

Sankaranarayanan added a telling anecdote, saying,“I know a few advocates who sport ‘Supreme Court Advocate’ stickers on their cars to evade paying tolls on highways.”

The bench advised that the PIL be withdrawn and refiled with a wider scope after April, once the SOP governing police-media interactions comes into force.

MENAFN21032026007385015968ID1110890279