The world, which has been moving fast on digital and technological advancements, came to a standstill with a complete shutdown in major countries due to global pandemic COVID-19. In India too, the series of lockdowns since March 2020 and the rising number of positive COVID-19 cases across the country forced a lot of citizens to resort to social media as a way of contact with outside world. Both the young and old have become dependent on platforms like Twitter, Facebook, Instagram or Snapchat for socialising and going about on one’s life. For those who have been working from offices, it has become necessary to resort to work from home (WFH) by way of electronic mode of communication.
A lot of youth have been able to enhance their emotional well-being through usage of such social media platforms with the proliferation of digital devices. Although, access to electronic device comes with advantages of instant news awareness, online e-learning sites, e-books, etc. it is not without disadvantages too. Social media fights, drama or even online bullying and addictive usage making one resort to aggressive behaviours have become common of late.
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The recent incident of Bois Locker Room brings to the light as to how such social media platforms and free speech are exploited to a breaking point. It has left many others in distress with its disturbing facts. The case lingers around on the involvement of a bunch of juvenile schoolboys, who constituted a group solely for the purpose to pass lewd and objectionable comments on women and discussion on images of women and even underage girls, as claimed. Social media public took over to circulate the screenshot of disrespectful messages, which led to the investigation of the occurrence of such events by the Delhi Commission for Women.
The events of Bois Locker Room instigated another wave of #MeToo movement across other parts of India.
Nevertheless, it provoked the misuse of the movement, which led to ultimate death of a Gurugram boy and another such incident of snapchat screenshots, which along with screenshots of Bois Locker room has been similarly circulated, of a girl, under an alleged fake name ‘Siddharth’ and a boy discussing on rape of the same girl, seemingly to test the receiver boy’s morality. Such incidents proved to be a disgrace to #MeToo movement, where several expressed concerns over misuse of the movement and thoughtless waste of time. It is surprising to note numerous allegations which emerged prior to the Bois Locker Room incident and massive positive response by the social media, blindly supporting the claimed victims, without verifying the actual facts and circumstances.
The underlying truth of such consecutive events on social media is the lack of legislations pertaining specifically to defamation through social media on allegations of sexual harassment. Lack of awareness on implications of such online accusations, including bullying of youngsters, has been clearly witnessed in past incidents. The opportunity for participation in public conversation has impacted one’s lifestyle, leaving no room for judicial and legal professions from this development. Often there have been instances, where judges and legal stakeholders have been pressured to pass favourable judgements or orders, as claimed rightly by the media and majority public opinions – facing a dilemma to either confront the status quo or uphold it.
Undoubtedly, media lie in the heart of justice and give an opportunity for judges and advocates to connect with the public community they serve, taking heeds to their opinions. Although social media and freedom of expression are essential in empowering the citizens’ version of justice, there lies a dangerous hurdle ahead of the curve and possible exploitation of basic doctrine of Rule of Law, Audi Alterum Partum. The social media trial and public scrutiny of the claimed accused without investigation can be excruciating in the eyes of accused and his or her family. The ethical conduct of the public when addressing an issue on social media platforms can galvanise into distortion and manipulations of events in order to perceive the viewpoints of the reader.
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It is vital to follow the principles of democracy, a system of three strong pillars – the executive, the legislature and the judiciary – in addition to fundamental freedom of speech and expression as enshrined in Article 19(1) (a) as the fourth pillar in today’s India. Despite being a watchdog of the functionaries of government and society, social media has resulted in great affliction for the general public.
The freedom of social media like every other freedom exercised under the Constitution of India has to be exercised within reasonable boundaries.
In State of Maharashtra vs. Rajendra Jawanmal Gandhi [1997 (8) SCC 386] the Supreme Court observed:
“There is a procedure established by law governing the conduct of trial of a person accused of an offence. A trial by press, electronic media or public agitation is the very antithesis of rule of law. It can well lead to miscarriage of justice. A judge has to guard himself against any such pressure and is to be guided strictly by rules of law. If he finds the person guilty of an offence he is then to address himself to the question of sentence to be awarded to him in accordance with the provisions of law.”
The aim and duty are exercised by ensuring a balance of rule of law and orderly society, faith in the independent judiciary and a free responsible social media public. Furthermore, it is in the hands of the public and authorities to introduce and implement a proper course of action, and elucidate on incriminating sides of social media platforms. It is in the utmost need of the Indian society and government to avoid the repercussions and misuse of social media in the hands of a youngster, before going berserk, speculating and pointing fingers before any investigative actions are taken and due process of fair hearing of both sides are retained. Further, it is in the interest of public to uplift the administrative delivery of justice. Amidst the disturbing revelations of online social platforms, incidents on Bois Locker Room and other similar cases of digital mob-lynching, one can only hope that such incidents help bring in more clarity on existing rules and precedents. Introduction of more stringent laws and appropriate awareness of youngsters on usage and legal implications of such misconstrued actions are critical for an informed and dignified social media engagement.
