IMPACT OF SOCIAL MEDIA ON THE JUDICIARY

IMPACT OF SOCIAL MEDIA ON THE JUDICIARY

Author:- Aditi Bhaiya, a student of MNLU Nagpur. 

If we compare the world we are living in now from the world back in the early 1900s, we can only imagine the way the whole world has dynamically shifted to a technological world. With the advancement in technology, mode of communication has become way easier than the earlier times. Social media platforms, being one of them has made human life facile, it has only ensured that we all live in a constantly connected world.  Social media can be defined as “a collective term for websites and applications that focus on communication, community-based input, interaction, content-sharing and collaboration”. According to a very recent report, more than 4.5 billion people across the globe use social media. Social media has paved the direction of how society thinks. It has become a platform for the dissemination of truth as well as lies. When everything is affected by the social media, the justice system and judges are no exception to it. 

Judiciary is the 3rd organ of the government. It is an independent organ due to which it is free from any influence from the other two organs and the citizens in general. The judiciary is bestowed with great powers; hence, the judges have great responsibilities as well. The Bangalore Principles of Judicial Conduct, 2002, established the principles intended to provide standards for judges’ ethical conduct. These norms provide guidance to judges and regulate judicial conduct. The principles’ goal is to help members of the other two organs of government, as well as the general public, support the country’s judicial system.

Social media, as mentioned above, has become a platform for the dissemination of truth as well as lies. The principle of ‘freedom of speech and expression’, has time and again been misused by the media. Social media has made its way into influencing people’s opinions on a particular matter. Like in the case of Jessica Lal, one of the famous senior editors publicly stated of it to be ‘defence of the indefensible’, thereby implying that the accused was guilty of the crime, even without there being a verdict of the court. The court in this case held that, “despite the significance of the print and electronic media in the present day, it is not only desirable but the least that is expected of the persons at the helm of affairs in the field, to ensure that trial by media does not hamper fair investigation by the investigating agency and more importantly does not prejudice the right of defence of the accused in any manner whatsoever. It will amount to travesty of justice if either of this causes impediments in the accepted judicious and fair investigation and trial”.

Continuous remarks on the social media can pose a responsibility on the judges to decide in a certain matter than what is actually demanded in the case. In the case of Nupur Sharma, Justice Surya Kant and Justice Pardiwala gave oral remarks for which they were subjected to personal attacks on numerous social media platforms. What the general public fails to understand is the fact that the judiciary fulfilling the requirements of the law, and bringing justice to the ones in need of it. 

Judges, are like any other citizen of the country, hence they are also free to use and share their views on social media. Although, they must keep in mind that their active participation requires careful consideration as well. Keeping in mind the nature of their profession, they must also comply with the legal and ethical ramifications. Union Law Minister, Mr. Ravi Shankar Prasad has also been in support of judicial use of social media. Mr. Prasad stated that;

“I am a great supporter of social media and freedom. I know it is empowering. but (there) is a dangerous trend. Judges must be left completely independent to give judgement as what they think is the correct mode in accordance of the rule of law.”

The judiciary is the body responsible for adjudicating the law. It is important for the proper functioning of the judicial system that it does not unduly influence anyone. Its proper functioning is important to maintain harmony in the society. Judges are social workers and their decisions are based on and take into account the rules laid down in the law. Their conviction should not be used as a means to attack them personally, because it is against the legal system.

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