Landmark Judgments On Social Media Monitoring For Criminal Investigations
1. Manohar v. Union of India (2021)
In this case, the petitioner challenged the government's surveillance practices, arguing they violated constitutional rights. The Supreme Court issued procedural directions, emphasizing the need for transparency and accountability in surveillance activities. While the Court did not directly address social media monitoring, its emphasis on constitutional safeguards has implications for how such monitoring is conducted and overseen.
2. Pegasus Spyware Controversy (2021)
The Supreme Court appointed a technical committee to investigate allegations that the Israeli spyware Pegasus was used to monitor journalists, activists, and political leaders. This case highlighted concerns about unauthorized surveillance and the potential misuse of technology to infringe upon privacy rights. The Court's intervention underscored the necessity of judicial oversight in matters involving digital surveillance.
3. Sahyog Portal and Content Removal (2025)
The Karnataka High Court upheld the legality of the Indian government's Sahyog portal, which allows police and authorized agencies to directly request content takedowns from social media platforms. This development indicates a shift towards more proactive measures in managing online content, though it raises questions about the balance between law enforcement needs and individual rights.
4. Social Media Evidence in Criminal Trials
Indian courts have increasingly recognized the role of social media as evidence in criminal trials. However, the admissibility of such evidence is contingent upon strict adherence to legal standards, particularly Section 65B of the Indian Evidence Act, which mandates the certification of electronic records. Cases have demonstrated that without proper certification, social media content may be deemed inadmissible.
5. Admissibility of Digital Evidence
The Supreme Court has emphasized the importance of handling digital evidence with care. In various rulings, the Court has highlighted that digital evidence, including social media content, must be collected and preserved following established protocols to ensure its integrity and admissibility in court.
In summary, while the Supreme Court has not issued a comprehensive ruling on social media monitoring in criminal investigations, its decisions in related areas have established a framework that balances law enforcement needs with constitutional safeguards. The evolving jurisprudence reflects the challenges posed by digital technologies and the necessity for a nuanced approach to their regulation and oversight.
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