SC Flags ‘Digital Arrest’ Tactics; Calls Online Platforms ‘Blackmailers’

SC Flags ‘Digital Arrest’ Tactics; Calls Online Platforms ‘Blackmailers’

The Supreme Court, in Hemendra Patel v. Union of India, expressed serious concern over police and digital platforms publicly displaying images and videos of accused persons, observing that such practices may amount to a form of “digital arrest.” The Court noted that unregulated social media platforms can operate like “blackmailers,” causing reputational confinement without any legal process. It emphasised that publishing humiliating visuals of accused individuals undermines the presumption of innocence and violates the right to dignity and reputation protected under Article 21 of the Constitution. The Bench recognised that uncontrolled circulation of online content can prejudice fair trial rights and create irreversible social stigma. Highlighting the growing misuse of digital media, the Court stressed the urgent need for regulatory guidelines governing police briefings and platform accountability. While no final directions were issued, the Court allowed amendment of the petition and indicated that a balanced framework is required to reconcile freedom of speech under Article 19(1)(a) with protection of individual dignity and fair administration of justice.