SC says Govt to give “better guidelines” over search/seizure of Journalists' digital devices

Digital Desk: The Indian Supreme Court stated on Tuesday that it was a serious matter to seize or search someone's digital device, including their phone, especially if they work in the media. They also demanded the setting up of standards on this issue.

According to a report in Bar & Bench, the apex court's bench, which included Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, granted the Centre a month to develop guidelines governing such seizures while it was considering a public interest lawsuit filed by the Foundation of Media Professionals. The hearing will resume on Wednesday, December 6. 

"Because these are media professionals, they will have sources and contacts on their phones. As a result, some guidelines are required. This is serious," Justice Kaul said in person, as stated in the report.

 Justice Dhulia also said, "They (investigating agencies) are supposed to give you the hash value (of the seized device)."

S V Raju, Additional Solicitor General appearing on behalf of the Central Government, stated that several complicated, legal issues needed to be examined."

Senior counsel Siddharth Agarwal, who appeared on behalf of the petitioners, pointed out that "hundreds of journalists' digital devices, including personal ones, had been confiscated. The questions stated in this petition are critical since there are no criteria governing when and what can be taken, what can be accessed, and what level of protection is provided for personal data, health data, and financial data..."

The media, stated Agarwal, is a "common enemy to everybody because truth is something that comes through us, and the ASG concurred that the 'media has rights...but they are not above the law.' We only want the law to be laid down," Agarwal responded.

"You need to lay down guidelines, Justice Kaul observed, adding, We have however put to the learned ASG that there has to be a balancing of interests and proper guidelines must be in place to protect the interests of media professionals. We would like the experienced ASG to work on this and report back. This is especially true given that privacy is regarded as a fundamental right." (Following Live Law).

The hearing comes in the wake of broad raids on the homes of over 80 Newsclick personnel, including journalists, consultants, contributors, and former employees, on October 3.

Previously, searches were conducted on other media outlets, and gadgets were seized.

18 media groups had written to the Chief Justice of India and the President of India, expressing grave concern about the seizure/searches of digital equipment.

The fact is that today, a large section of Indian journalists operate under the danger of retaliation. "It is also critical that the Judiciary confronts Power with a fundamental Truth--that there is a Constitution to which we are all accountable," the letter stated.

The PIL by FMP has brought attention to the "inadequacy of existing laws to address the complex challenges posed by digital spaces" and has expressed concerns about the "unsettling trend" of "intrusive searches and seizures" of personal digital devices by law enforcement agencies, which has a "chilling effect" on the exercise of constitutional freedoms, particularly by journalists.