Social media has become an indispensable part of modern society, revolutionizing the way people interact, share information, and access news. With millions of active users, social media has emerged as a powerful tool for disseminating information and shaping public opinion on various matters, including legal proceedings. The influence of public opinion on legal cases cannot be underestimated. In a democratic society like India, public sentiment plays a crucial role in the justice system, impacting decisions, outcomes, and the perception of justice.
This article delves into the role of social media in shaping public opinion and its far-reaching implications on the legal proceedings in India. By exploring landmark cases and judgments, it aims to shed light on the challenges and opportunities that social media presents to the Indian justice system. As the digital era continues to evolve, understanding the interplay between social media and legal proceedings becomes vital to uphold the principles of justice and fairness in the age of information.
Social media exerts a profound influence on public opinion regarding legal cases in various ways. Firstly, social media platforms act as virtual public forums where users freely express their views, creating a platform for discussions on legal matters. User-generated content, including posts, comments, and videos, can shape public perception by amplifying specific narratives or viewpoints. Moreover, the rapid dissemination of news through social media enhances the speed at which legal information spreads, impacting public sentiment almost instantly.
The rise of citizen journalism on social media has empowered ordinary individuals to become informants and reporters of legal proceedings. While this democratization of information can promote transparency and accountability, it also poses challenges in ensuring accuracy and credibility. Relying on social media for legal information has its own pros and cons. On one hand, it provides immediate access to updates and opinions. On the other hand, misinformation and biased content can distort public perceptions and can hinder the right to a fair trial. Therefore, a nuanced approach to consuming and disseminating legal information on social media becomes crucial in preserving a balanced public opinion and upholding the principles of natural justice.
Hon’ble High Court of Madras has also rightly observed in a recent judgement that Journalism as regards the system of administration of justice can generate unwarranted publicity and sensationalism. The judgement further observed that
“The journalist’s understanding of the system of administration of justice can be shallow and reporting of Court proceedings by incompetent or legally challenged reporters can result in garbled, distorted and misguided reports. Such report, far from doing any service to the administration of justice by ensuring the required publicity, can have counterproductive impact and may even cause subversion of justice. A Judge should be able to decide the merits of a case objectively and in an atmosphere free from the cloud of profusion of public opinion.”
The impact of social media on fair trial rights is a complex and evolving issue. Social media discussions, often fuelled by emotion and bias, can lead to the prejudgment of legal cases before they reach the courts. Prejudiced opinions circulating on these platforms can sway public sentiment are can potentially influencing witnesses. This poses a serious threat to the fundamental right of having a fair trial, as defendants may face a presumption of guilt even before the legal process unfolds. In high-profile legal cases in India, social media’s influence becomes even more pronounced. The speed and scale of information dissemination on these platforms may sway public perception, resulting in online trials, character assassinations, and cyberbullying against parties involved in the case. As social media penetrates every aspect of public life, its role in shaping public opinion becomes undeniable.
Controlling false information and misinformation on social media presents a significant challenge. Falsely created evidences are uploaded merely get attention, and malicious rumours can easily go viral, leading to chaos and miscarriage of justice. Legal efforts and judgments are vital in addressing this issue, including holding individuals accountable for spreading misinformation. Despite the challenges, social media has also emerged as a platform for activism in India, enabling citizens to mobilize and raise their voices on important social issues. However, it is essential to strike a balance between activism and preserving the integrity of legal proceedings.
Hon’ble Justice Kurian Joseph of Supreme Court of India while addressing Bar Council of India Meet at Chennai also cited the pressure created on the judiciary during the Nirbhaya rape case had remarked that Media Trials in pending cases should be avoided and thereby judges saved of the enormous strain created by it.
Speaking at the 16th Ramnath Goenka Awards function held in March 2022, Hon’ble Chief Justice of India DY Chandrachud said journalism ought not to be “elitist, exclusionary or for that matter a selective profession” and further quoted that “Media Trials Make Person Guilty Before Courts Decide”
Such precedents underline the necessity of employing measures to safeguard the fairness of trials in the digital age.
The body that regulates and governs the media and entertainment sector in India is enshrined in the Cable Networks Act, 1995 and the Prasar Bharti Act, 1990. These are regulated by the Ministry of Information and Broadcasting and Prasar Bharti. There are four bodies in India for media regulation i.e, Press Council of India, News Broadcasting Standards Authority, Broadcasting Content Complaints Council, and News Broadcasters Federation.
On several occasions, various High Courts have raised their concerns as to how the publications made with a biased opinion during an ongoing trial can cause excessive adverse publicity which is also likely to hamper a fair trial and constitutes an interference with the course of justice. The court has ample inherent power to restrain publication in media in the event it arrives at a finding that the said publication may result in interference with the administration of justice or would be against the principle of fair trial or open justice.
Regulating social media in India involves a multifaceted legal framework comprising various laws and guidelines. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, lay down specific obligations for social media intermediaries regarding content removal, data protection, and grievance redressal. However, the effectiveness of these regulations is a subject of debate. While they aim to curb misinformation and hate speech, concerns have been raised about potential overreach and stifling of free expression.
Amid the challenges of regulating social media, fostering media literacy is crucial. Educating users about critical thinking and fact-checking empowers them to discern reliable information from misinformation. Concurrently, promoting legal awareness is vital to mitigate social media’s adverse impact on legal proceedings. By understanding the consequences of sharing prejudiced or misleading content, users can contribute to upholding the principles of fair trial rights and preserving the integrity of the justice system.
A holistic approach that combines effective regulations, media literacy, and legal awareness is imperative to strike a balance between safeguarding free speech and maintaining the sanctity of legal proceedings in the digital era.
Social media has emerged as a powerful force in shaping public opinion regarding legal proceedings in India. Its influence on public sentiment can sway perceptions, impacting the right to a fair trial and potentially leading to biased judgments. High-profile cases are particularly susceptible to viral trends and prejudiced opinions, causing online trials that hinder justice. To preserve the integrity of the justice system, a balanced approach to social media usage is crucial and safeguards for the same should also be put in place with strict guidelines. Combining effective regulations, media literacy, and legal awareness is essential to ensure responsible engagement on these platforms while upholding the principles of justice and fairness in the digital age.
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