The Supreme Court of India has emphasized the importance of press freedom and the need for separate guidelines when it comes to the seizure of journalists’ digital equipment for investigations. This statement was made during a hearing on a petition filed by the Foundation for Media Professionals, which sought detailed guidelines for law enforcement agencies when seizing journalists’ devices.
The bench, consisting of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia, expressed concern over the matter and called for better guidelines to be put in place for media professionals. The court acknowledged that media professionals have their own sources and highlighted the importance of maintaining a balance between press freedom and the right to privacy, which has been recognized as a fundamental right. The next hearing on this issue is scheduled for December 6.
Justice Kaul stated that the Centre should prepare the guidelines, emphasizing that the State should not be run through its agencies. The Additional Solicitor General SV Raju, representing the Centre, acknowledged the complexities of the legal issues involved in this matter and mentioned that while the media has rights, it is not above the law.
The petitioner’s counsel argued that this case revolves around the conflict between state power and self-incrimination, as well as privacy. They highlighted the lack of guidelines regarding the seizure of journalists’ devices, which could potentially contain personal and financial data. The court urged the Centre to analyze the necessary guidelines in this case and requested the ASG to work on the issue and provide further input.
This discussion on press freedom and guidelines for the seizure of journalists’ digital equipment comes after the Delhi Police raided the homes of journalists, editors, and writers associated with the news portal ‘Newsclick’. Two individuals from the portal, Prabir Purkayastha and Amit Chakravarty, have been arrested under the anti-terror law UAPA, with allegations of receiving money to spread pro-China propaganda. Press freedom organizations have raised concerns about the seizure of phones and computers without ensuring data integrity during these raids.
Overall, the Supreme Court’s remarks highlight the need for clear guidelines to protect press freedom and privacy rights in the context of investigations involving journalists.
