The Supreme Court on Tuesday emphasised the need for guidelines governing the search and seizure of phones and digital devices, particularly those belonging to media professionals.
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, highlighted the potential presence of confidential information and details about sources on these devices. They emphasised the importance of safeguards and guidelines to protect the rights of media professionals during searches and seizures.
The apex court was hearing a Public Interest Litigation (PIL) filed by the Foundation for Media Professionals, which sought to establish protections against unwarranted interference by law enforcement agencies and create comprehensive rules for the search and seizure of digital devices.
The Central government, represented by Additional Solicitor General SV Raju, argued that authorities must have access to examine such devices, especially in cases related to national security. However, the court stressed the necessity of clear guidelines to prevent misuse of these powers by the 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 analyse what kind of guidelines are necessary to protect them. To some extent, this is not adversarial in that sense”, the bench remarked.
Justice Kaul expressed concerns about unfettered agency powers, noting the importance of striking a balance and safeguarding media professionals’ interests. The court called for the government to develop appropriate guidelines to protect media professionals, recognizing the fundamental right to privacy.
“We have put to the ASG that there has to be a balancing of interests and proper guidelines need to be in place to protect the interest of media professionals. We would like the ASG to work on this and come back on this issue. This is more so in view of the aspect that privacy is held to be a fundamental right”, the bench noted.
The petition underscores the growing reliance of media professionals on personal digital devices for their work, which often involves handling sensitive information, private communications with sources and whistleblowers, and remote collaboration to report news in the public interest. The Foundation for Media Professionals advocates for legal safeguards to protect privacy in the digital space. The matter has been scheduled for further hearing on December 6, 2023.