Justice Augustine George Masih of the Supreme Court of India recently addressed the profound challenges posed by social media trials and the viral dissemination of court hearing snippets, emphasizing the potential distortion of judicial proceedings and erosion of public trust in the justice system. Speaking at the fifth Justice HR Khanna Memorial National Symposium, organized by the Confederation of Alumni for National Law Universities (CAN Foundation), Justice Masih highlighted the collective responsibility required to protect the dignity of the courts.
Justice Masih articulated concerns over how social media platforms, with their algorithmic inclinations, often prioritize sensationalism over factual accuracy. “Justice cannot be weighed in retweets, and constitutional morality cannot be settled by algorithmic trends,” he stated, stressing that the responsibility to uphold judicial dignity extends beyond judges, involving advocates, law students, educators, and everyone involved in the legal process.
He pointed out the risks associated with technology in transforming access to justice, particularly when courtroom proceedings are taken out of context and circulated online. “A case is argued over months but judged online in minutes. Evidence is tested by cross-examination, while opinion is manufactured by circulation,” he remarked, highlighting the disparity between the judicial process and public opinion formed on social media.
Justice Masih also noted the tendency of social media algorithms to favor outrage over reasoned analysis, which can lead to premature public verdicts. “It rewards speed over deliberation, emotion over reason, certainty over doubt,” he observed. He warned against the dangers of decontextualized clips influencing public perception, noting that these snippets often lack the nuanced context necessary for informed judgment.
Further, Justice Masih raised concerns about the pressure exerted on judges by the pervasive digital gaze. “An atmosphere simply forms, a climate of expectation so dense that it presses upon the walls of the courtroom from every direction at once,” he explained, describing the modern judicial environment as a ‘digital panopticon’ where judges are constantly scrutinized.
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While acknowledging that judges cannot control how courtroom proceedings are edited and shared online, Justice Masih emphasized the importance of maintaining judicial decorum. “One thing that a judge can do is to regulate the words that leave the bench,” he advised, urging judges to balance transparency with restraint to uphold constitutional values.
Justice Masih concluded by warning against the temptation to seek public applause through quotable judicial pronouncements. “The temptation, quiet and constant, is to play to the gallery, to trade the slow, grey labor of the reasoned judgment for a quick applause of a quotable line,” he cautioned, underscoring the need for judges to remain steadfast as ‘oracles of the law’ amidst the noise of social media.
The symposium, themed “Without Fear or Favour: Reimagining Perspectives on an Independent Indian Judiciary in the Digital and Globalised World,” provided a platform for discussing the evolving challenges faced by the judiciary in the digital age.
