The Madhya Pradesh High Court recently addressed a Public Interest Litigation concerning the misuse of live-streamed court proceedings on social media platforms. The petition, filed by advocate Arihant Tiwari, highlighted that videos of court proceedings were being turned into reels and memes, allowing the public to post critical or disparaging comments about judges and the functioning of the judiciary. The petitioner sought a writ of mandamus directing platforms and authorities to prevent such uploads, arguing that these activities harmed the judiciary’s reputation and undermined public confidence.
The bench, comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, acknowledged the concerns but noted the practical limitations of controlling social media commentary. The Court observed that it had learned to “live with” such online criticism, noting that many remarks were made by users without legal knowledge and that some comments were inevitable in a digital age where court proceedings are publicly accessible. The judges emphasized that while social media comments could occasionally be distasteful or ill-informed, completely preventing such commentary was neither feasible nor realistic.
During the proceedings, Senior Advocate Mukul Rohatgi, appearing for Meta, the company that owns Instagram and other social media platforms, clarified the technical and legal constraints faced by the platform. He explained that Meta does not have the authority to remove content proactively. The platform can only act when directed by a competent court or government authority to take down specific content, identified precisely, such as through URLs. This limitation arises from the automated and user-generated nature of content, which makes monitoring and controlling material in real time extremely challenging.
After considering these factors, the Court concluded that it could not issue a broad mandate to prevent social media uploads of court proceedings. The bench emphasized the need to balance freedom of expression with respect for judicial processes while recognizing that controlling all online commentary is practically impossible. The Court suggested that public engagement with legal proceedings on digital platforms is an inevitable feature of modern society, and the judiciary must develop resilience in responding to criticism while maintaining decorum and authority.
In summary, the Madhya Pradesh High Court’s remarks underscore the difficulty of regulating social media content, particularly user-generated material, even when it relates to sensitive matters like court proceedings. While acknowledging the potential for criticism and misrepresentation, the Court recognized that complete control is impractical, and that both courts and platforms must navigate these challenges carefully, ensuring judicial authority is respected without overstepping legal and technical limitations.
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