“Hydra-Headed”: Top Court Judge Slams Social Media For Pressure On Judiciary

New Delhi:

One of the biggest challenges facing judicial independence today is the misinformation spreading on social media and public opinion influenced by algorithms, Supreme Court judge Justice Joymalya Bagchi has said. Calling social media “hydra-headed,” he said now misinformation spreads faster than corrections, and the outrage expressed on digital platforms and media trials are creating unprecedented pressure on judges.

The way to deal with lies with “digital intermediaries” who  carry the first responsibility, he said. “Such entities which are significant reservoirs of power cannot plead that they are only a media,” he added.  

Speaking at the fifth Justice HR Khanna Memorial National Symposium held on August 1, Justice Bagchi said: “Dispassionate adjudication is being auctioned on the alter of ‘likes’… Guilt manufactured online brands the acquitting judge as having erred for being fair,” he said.

“A clip uploaded on one platform regrows on many. Misinformation outruns the correction. Article 121 silences even parliament from discussing a judge’s conduct. Yet the digital public square tries him daily,” he said.

Justice Bagchi noted that while live-streaming has enhanced transparency in courts, it has also led to some unintended consequences. Short video clips of court hearings are circulated on social media out of context, and oral observations made by judges are often mistaken for final verdicts.

Justice Bagchi also dismissed the idea of judges taking to social media to offer clarifications. According to him, judges must maintain restraint and impartiality in their role.

Regarding the impact of live-streaming, he noted that while it allows courts to address a wider audience, transforming them into platforms could foster a tendency towards performative behaviour within the judicial process.

Judges, he said, should not be swayed either by the fear of the “digital mob” or by online adulation.

While new media may not threaten judges with punishment, it tempts them with the allure of approval and popularity-factors that can undermine judicial independence in a more subtle manner, he said.

Justice Bagchi also expressed concern regarding “media trials”. While freedom of the press is vital, it cannot be used to declare an individual guilty before a court verdict is delivered, he said.

He also identified the algorithms used by Big Tech companies as an emerging challenge. By promoting sensationalist content, these algorithms can sometimes shape public opinion in a way that is biased against the judicial process.

He also suggested that live-streaming should not be made mandatory for every case. Instead, the decision to permit it should be left to the court’s discretion, taking into account the nature of the case and the right to a fair trial.

He further proposed that the Supreme Court and High Courts maintain secure digital records of live-streamed proceedings, which could be made available when required under legal provisions.