In a recent hearing on a petition filed by the Foundation for Media Professionals, the Supreme Court of India strongly emphasized the need for separate guidelines regarding the seizure of journalists’ digital equipment for investigative purposes. The bench, comprised of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia, made these remarks during the proceeding.
The Foundation for Media Professionals had sought comprehensive guidelines for law enforcement agencies when they seize digital devices belonging to journalists. The court expressed its concern about the matter and stressed the importance of creating balanced guidelines for media professionals who rely on their sources for news gathering.
Justice Kaul underscored the significance of privacy as a fundamental right and urged the Centre to prepare appropriate guidelines for such cases, implying that the government should be actively involved in shaping these guidelines. The court set the next hearing for December 6, providing the Centre with time to prepare the necessary guidelines.
The Additional Solicitor General, SV Raju, representing the Centre, acknowledged the complexity of the legal issues surrounding the matter but pointed out that while the media has rights, it must also abide by the law.
The petitioner’s counsel highlighted the issue of state power versus self-incrimination and privacy, emphasizing that there are currently no guidelines specifying what can be seized during such operations, including personal and financial data.
The Supreme Court called upon the Centre to analyze the requirements for appropriate guidelines in this context and assigned the Additional Solicitor General to work on this matter and provide further input.
Previously, 16 press freedom organizations had sought the Supreme Court’s intervention to address the alleged repressive actions of investigative agencies against the media. They had requested guidelines regarding the seizure of electronic devices belonging to journalists. This request emerged following police raids on the homes of journalists and writers connected with the news portal ‘Newsclick’ and subsequent arrests under the anti-terror law UAPA. The seizure of phones and computers without ensuring data integrity during these raids had raised concerns among press freedom organizations.
