LI Network
Published on: November 07, 2023 at 18:57 IST
The Supreme Court has raised concerns over the arbitrary seizure of digital devices belonging to media professionals and emphasized the urgent need for comprehensive guidelines to safeguard their interests.
The matter came to light during a public interest litigation (PIL) hearing filed by the Foundation for Media Professionals, represented by Advocate-on-Record Rahul Narayan. The PIL urged the court to establish safeguards against unwarranted interference by law enforcement agencies and establish clear rules for the search and seizure of digital devices.
During the hearing, Additional Solicitor-General SV Raju sought an adjournment, citing the complexity of legal issues in the case. However, Senior Advocate Siddharth Agarwal, representing the petitioner, underscored the gravity of the issues at hand.
He pointed out that numerous journalists have had their digital devices seized without clear guidelines regarding what can be taken, accessed, or how personal data, health data, and financial information are protected. Once an investigative agency is involved, the individuals often find it difficult to maintain backup copies of their data.
In response, Justice Sanjay Kishan Kaul stressed the importance of establishing guidelines to prevent arbitrary seizures and protect the rights of media professionals. He emphasized that there must be a balance between investigative agency powers and the privacy and rights of journalists.
The debate continued as the Additional Solicitor-General argued that some provisions already exist to allow individuals to back up their data when their digital devices are seized. However, Justice Kaul insisted on the necessity of better guidelines to prevent misuse of these powers.
The hearing highlighted the clash between state power and individual rights, with Agarwal expressing concern about the growing intrusion into personal information and privacy, particularly in the digital age. Justice Kaul concurred that guidelines were needed to strike a balance, considering the fundamental right to privacy.
The Supreme Court has given the Additional Solicitor-General time to further examine the matter and submit recommendations regarding the establishment of guidelines to protect the interests of media professionals. This issue becomes even more crucial in light of the recognition of privacy as a fundamental right.
The hearing is set to continue on Wednesday, December 6, and the outcome of this case could have far-reaching implications for the protection of journalists and their digital devices.
Background:
The Foundation for Media Professionals, a society of journalists, has emphasized the increasing reliance on personal digital devices for their journalistic work, often involving sensitive and confidential information. They argue that current laws designed for physical searches and seizures are inadequate for addressing the complexities of digital spaces.
The foundation has raised concerns about the intrusive searches and seizures of personal digital devices, which have a chilling effect on the exercise of constitutional freedoms, particularly within the journalist community.
The foundation has urged the Supreme Court to issue guidelines that strike a balance between the right to privacy in the digital space and the legitimate interests of law enforcement, considering established judgments.
The key questions raised in this case include the circumstances under which searches and seizures of personal digital devices can be conducted, the protection of an individual’s right against self-incrimination in the digital domain, measures to prevent the misuse and leakage of collected data, and the deployment of the principle of proportionality in safeguarding privacy rights.
Case Details: Foundation for Media Professionals v. Union of India & Ors.