Supreme Court Flags ‘Blackmailing’ by Digital Platforms
Overview
The CJI Surya Kant concurred with the SG Tushar Mehta that a segment of digital platforms function as “blackmailers”. He described this conduct as a form of digital arrest, though it is not a penal offence.
Key Developments
- During a hearing on a petition (Case: Hemendra Patel vs Union of India, W.P.(C) No. 311/2026), the bench comprising CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi discussed the misuse of social media by police and private users.
- SG Mehta warned that while mainstream media generally act responsibly, many online users and platforms “blackmail” by posting sensational, unverified content.
- The bench highlighted the growing insensitivity of by‑standers who record accidents instead of assisting victims.
- The Court earlier directed the Central Government to identify users and websites that spread irresponsible content after the NCERT textbook row.
- Petitioner Gopal Sankaranarayanan argued that posting images of accused individuals handcuffed or beaten creates a prejudicial social media trial and violates the right to a fair trial.
Important Facts
• The petition seeks guidelines to curb police posting of accused’s photographs on official social media accounts.
• The bench suggested awaiting the outcome of pending guidelines for state‑level police media briefings before deciding on the petition.
• The petitioner has been granted liberty to amend the petition, indicating the Court’s openness to refine the issue.
Exam Relevance
• Polity (GS2): The case underscores the judiciary’s role in regulating digital speech, balancing freedom of expression with the right to dignity and fair trial.
• Ethics & Governance (GS4): Highlights ethical challenges posed by digital platforms, including the emergence of digital arrest and social media trial.
• Governance (GS2 & GS4): The directive to the Central Government to identify irresponsible content creators reflects the need for policy frameworks governing online behaviour.
Way Forward
1. Legislative action: Enact specific provisions under the Information Technology Act to criminalise deliberate defamation and “digital blackmailing”.
2. Guidelines for police: Formulate uniform rules for police departments on the use of social media in investigations, ensuring respect for the accused’s dignity.
3. Platform accountability: Require major digital platforms to set up rapid grievance redressal mechanisms and take down defamatory content within stipulated time‑frames.
4. Public awareness: Conduct campaigns to sensitize citizens about the legal and ethical implications of recording and sharing accident footage or alleged criminal acts.
These steps aim to curb the misuse of online media while preserving democratic freedoms, a balance central to India’s constitutional ethos.