The Supreme Court of India, in a significant observation on Tuesday, emphasized the need for specific guidelines to govern the search and seizure of digital devices, especially those belonging to journalists. The bench, led by Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, recognized the sensitive nature of the information that media professionals may hold on their devices, including confidential sources.
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“It’s a serious matter. These are media professionals who will have their own sources and other things. There must be some guidelines. If you take everything away, there is a problem. You must ensure that there are some guidelines,”
the bench stated, addressing the central government.
The court’s comments came during the hearing of a Public Interest Litigation (PIL) filed by the Foundation for Media Professionals, which called for the court to establish safeguards against unreasonable interference by law enforcement agencies and to create comprehensive guidelines for the search and seizure of digital devices.
Additional Solicitor General SV Raju, representing the Central government, argued that authorities should not be completely barred from examining such devices, citing national security concerns.
“But there are anti-nationals who may… We cannot be shut out completely. Media cannot be above the law,”
he said.
Justice Kaul, however, highlighted the necessity for guidelines to prevent misuse of power by agencies.
“Mr Raju, I am finding it very difficult to accept some kind of all-within power that the agencies have… This is very dangerous. You must have better guidelines. If you want us to do it, we will do it. But my view is that you ought to do it yourself. It’s time that you ensure that this is not misused. It can’t be a State that is run only through its agencies. We will give you time, no difficulty. But you must analyze what kind of guidelines are necessary to protect them. To some extent, this is not adversarial in that sense,”
he remarked.
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The court has scheduled the next hearing for December 6, expressing its desire for the Additional Solicitor General to work on this issue and return with a solution, especially considering the fundamental right to privacy.
The petition highlighted the increasing dependence of media professionals on personal digital devices for journalistic work, which often involves handling confidential information, private correspondence with sources and whistleblowers, and collaborating remotely to break news stories of public interest.
The petitioner has expressed a vested interest in advocating for adequate legal safeguards for the right to privacy in the digital space.
The Supreme Court’s stance on this matter is a clear indication of the judiciary’s recognition of the evolving digital landscape and the need to balance state security with individual privacy rights, particularly for those in the media profession.