New Delhi: The Supreme Court of India expressed grave concern on Friday, March 20, 2026, over the rising trend of citizens instantly uploading mobile videos to social media, labeling such activities a “serious threat” to the integrity of fair trials. A three-judge Bench, led by Chief Justice Surya Kant and including Justices Joymalya Bagchi and Vipul M. Pancholi, noted that the “atomized” nature of social media has turned every individual with a smartphone into a media outlet, often bypassing the editorial restraints found in conventional journalism.
The observations came during the hearing of a Public Interest Litigation (PIL) filed by Hemendra Patel. The petition alleged that police departments frequently upload photographs and videos of accused persons on social media—often showing them handcuffed, paraded, or forced to kneel—thereby creating a public bias long before a court can adjudicate the matter. Senior advocate Gopal Sankaranarayanan, representing the petitioner, argued that these postings are an affront to personal dignity and fuel a “vitiated atmosphere” that subverts the rule of law.
Justice Bagchi highlighted the dual nature of the problem: while police can be restrained through a forthcoming Standard Operating Procedure (SOP) for media briefings, restraining the general public and virtual platforms remains a significant challenge. The Bench pointed out that many individuals in smaller towns now flaunt “media” credentials on their vehicles for “ulterior designs,” a practice the Chief Justice likened to a facet of “digital arrest.” Solicitor General Tushar Mehta supported these concerns, describing certain virtual platforms as “blackmailers” that exist solely to exploit sensitive situations.
The Court emphasized that the investigating agency must remain neutral—neither pro-victim nor pro-accused—and that “over-enthusiastic” police statements can interfere with dispassionate forensic adjudication. To address the issue more comprehensively, the Bench suggested that the petitioner withdraw the current PIL and refile it after April 2026. This would allow the court to evaluate the effectiveness of the new police SOPs before expanding the scope of the case to include broader regulations for both conventional and social media. Following this suggestion, the petitioner agreed to withdraw the matter for a more detailed future filing.
