SC seeks Centre's reply on plea to bar police from revealing accused identities online

The Supreme Court on Tuesday sought responses from the Centre, all states, Union Territories, and social media platforms Meta and X on a public interest litigation (PIL) that seeks to prevent police organisations from posting content revealing the identities of accused individuals or depicting them in a dehumanising manner.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana took note of the submissions made by senior advocate Gopal Sankaranarayanan, appearing for petitioner Hemendra Patel, and issued notices to the Union government, states, and the social media platforms.

The petition, filed through advocate-on-record Shrutanjaya Bhardwaj, asks the court to direct states to remove from their police social media handles posts that reveal the faces or identities of accused persons or portray them in a dehumanising way.

“Direct the Respondent-States to frame appropriate guidelines regulating the use of social media platforms by their respective police organisations, particularly to prevent the upload of any such content which reveals the faces/identities of accused persons and/or depicts them in a dehumanising manner,” the plea stated.

The petition referred to images and videos showing accused persons handcuffed, tied with ropes, beaten with sticks, made to kneel, dragged, or pulled down stairs. Such depictions, it argued, violate the constitutional presumption of innocence and the right to dignity under Article 21 of the Constitution.

The PIL also seeks directions to states to frame guidelines regulating police use of social media to prevent the publication of such content in future. It further demands that Meta Platforms Inc and X Corp formulate appropriate policies and user guidelines for their platforms, including Facebook and Instagram, to ensure that content revealing the identities of accused persons or depicting them experiencing inhuman, derogatory, or dehumanising treatment is not posted.

The petition specifically requests the court to direct the social media firms to create a formal, transparent, and structured mechanism for the prompt removal of such content upon user reporting. The Union Ministry of Electronics and Information Technology, Meta Platforms Inc, and X Corp have been named as respondents.

Legal experts note that the issue touches upon the delicate balance between the state's duty to inform the public about crime and the fundamental rights of individuals who are yet to be proven guilty. The Supreme Court has previously emphasised that accused persons enjoy the right to dignity and privacy, and that their identities should not be disclosed casually, especially in the digital sphere where content can spread rapidly and irreversibly.

The court's decision to issue notices indicates that it considers the matter worthy of examination. The responses from the Centre, states, and social media platforms will shape the next stage of proceedings. The hearing is expected to focus on whether model guidelines are required at the national level, or whether individual states and platforms can be left to regulate themselves.

This development comes amid growing concern over police departments using social media to showcase arrests and investigations, sometimes resulting in viral images that prejudice the accused before trial. The PIL argues that such practices undermine the rule of law and contribute to a culture of public shaming rather than due process.

While no interim order was passed on Tuesday, the court has set the stage for a comprehensive examination of the issue. The responses are expected within four weeks.