DNA Edit: Under Stress - Social media is now influencing the courts

There was a time when the possibility of inviting Contempt of Court was enough to throw the scare of devil even in the most powerful of the land.

A strong weapon in the hand of courts, contempt proceedings are described as anything that curtailed or impaired the freedom of limits of judicial proceedings. Any conduct that tends to bring the authority and administration of law into disrespect or disregard or which interfered or prejudiced parties, was regarded as a strict no-no. But this clearly was before the digital age and the social media, which now controls the lives of fellow countrymen. And we have this on record from none other than senior Supreme Court judge AK Sikri.

Reflecting upon the power of this new technology, he candidly told a conference that judging is under stress in the digital era. Even before a case is taken up by the court, people start discussing on the social media what the outcome “should be”, which in turn influences the judges.

According to Sikri, the freedom of press is changing the paradigm of civil and human rights. He cited the current pattern of media trials to prove his point. Lamenting that Contempt proceedings were no longer used as frequently, Sikri said that even before a case is taken up by the court, people start discussing what should be the outcome.

In the old days, that would constitute a clear Contempt of Court. The reality is that the social media has opened the doors for greater democratisation where anyone, anywhere can say or scribble what he or she likes. It does not necessarily have to be an informed view - in fact it is doubtful if the user is even aware of the finer points of law like Contempt. Maybe the time has come for making changes in law itself.