“Not Judiciary’s Role To Order Media Takedowns In Sub-Judice Matters”: Supreme Court

Supreme Court

In a significant observation reinforcing the principles of free speech and media independence, the Supreme Court of India on Friday has clarified that it is not the judiciary’s responsibility to issue takedown orders against media reporting on ongoing legal proceedings.

Court Observation

A bench of the apex court remarked that the mere fact that a matter is sub-judice does not place it beyond public discussion. The Court emphasized that public debate and scrutiny are essential elements of a vibrant democracy, even when it involves cases currently under judicial consideration.

The Court’s remarks came during a hearing concerning intermediary liability and content regulation on digital platforms. Referring to its landmark 2015 judgment in Shreya Singhal v. Union of India, the Court reiterated that intermediaries, such as social media platforms, are required to act on content removal only upon receiving directives from either a court or a competent government authority.

Case Background

The Shreya Singhal verdict had struck down Section 66A of the Information Technology Act, 2000, calling it unconstitutional for being vague and overly broad in restricting online speech.

The latest statement from the Supreme Court sends a strong message in favor of media freedom and against the arbitrary silencing of public discourse, especially when it concerns matters of legal and societal importance. Legal experts view this as a reaffirmation of the balance between the right to a fair trial and the right to free expression.

While the Court acknowledged the need to prevent trials by media, it maintained that regulating the press is not the function of the judiciary unless it directly interferes with the administration of justice.