SC issues notice to Centre on PIL for restraining police from revealing identity of accused online

The Supreme Court on Tuesday sought responses from the Centre, all states, Union Territories, and social media platforms Meta and X on a PIL seeking directions 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 PIL petitioner Hemendra Patel, and issued notices to the Union government, states and social media platforms.

The petition, filed through advocate-on-record Shrutanjaya Bhardwaj, sought directions to states to remove forthwith from their police social media handles posts that reveal the faces or identities of accused persons or depict them in a dehumanising manner.

“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 said.

The petition referred to images or videos showing the accused handcuffed, tied with ropes, beaten with sticks, made to kneel, dragged or pulled down stairs.

It has also sought directions to the states to frame appropriate guidelines regulating the use of social media by police organisations, particularly to prevent the publication of such content in the future.

The PIL further seeks directions to Meta Platforms Inc and X Corp to frame 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 being subjected to inhuman, derogatory or dehumanising treatment is not posted.

"Direct Respondent No 31 and 32 (social media firms) to frame appropriate policies and user guidelines for its social media platforms i.e. Instagram and Facebook to ensure that no content is posted on their platforms which reveals the identities of persons accused of an offence and/or depicts accused persons being subjected to inhuman/ derogatory/ dehumanising treatment (including but not limited to violence), and where such content has already been posted, to install a formal, transparent and structured mechanism for the prompt taking down of such content upon user reporting," it said.

It has also sought a formal, transparent and structured mechanism for prompt removal of such content when reported by users.

The Union Ministry of Electronics and Information Technology, Meta Platforms Inc and X Corp have been made respondents in the matter.