The advent of social media has propelled public discourse into an entirely different form of transformation, providing a platform for the viewpoints of the masses to be freely displayed and expressed. The voice of that multitude sometimes transforms into a scream or, worse, the tumble of insults and trolls against those with whom one disagrees. Judges are expected to remain impartial and uphold the rule of law, and against this, they often find themselves facing the nasty brunt of vicious online attacks. Most of these attacks are planned and politically motivated to discredit those judicial decisions that do not fit into their specific ideology. This widespread phenomenon not only directly threatens individual judges but also undermines public confidence in the legal system. Recent occurrences heighten the severity of this issue and raise concerns about the possible long-term ramifications of such uncontrolled digital harassment.
When Critics Get Ugly- Judiciary Under Siege
In May 2024, the Supreme Court of India was subjected to brutal trolling after granting bail to the Delhi Chief Minister, Arvind Kejriwal during the Lok Sabha Elections. Various derogatory remarks like terming the Supreme Court as “Supreme Kotha” which refers to a brothel in common parlance and various other communal slurs like dubbing the Judges as “Miya Lord” were hurled by the trolls. The hashtag “#Dogali_Nyay_Vyavastha” which translates to a two-faced justice system trended on the digital platform X (formerly known as Twitter) for nearly 12 hours, amassing over 2,00,000 posts. This was not an isolated and impulsive outburst but rather seemed to be a part of a coordinated effort, with identical tweets flooding the platform.
People who have a large social media presence like Deepak Sharma and controversial social media influencer Ajeet Bharti, had a key role to play in escalating these attacks by urging their followers to tweet against the Supreme Court and, thereby fuelling the issue further.
Judicial integrity acts as the cornerstone of any democratic society by ensuring that justice is administered fairly and impartially. However, when judges are subjected to relentless online harassment, it can have a profound impact on their ability to impart justice. The notion- whether real or unreal-that judges can be influenced by the societal set standards and pressure is a vicious precedent that risks undermining public confidence in the judiciary.
Furthermore, the case of Bibhav Kumar, an aide to the Delhi CM Arvind Kejriwal serves as a stark example of this issue. Bibhav Kumar was granted bail after serving 100 days in custody. The trolls directed towards the judiciary were not a one-off incident but rather a part of a broader trend where the judges were attacked for giving verdicts in certain politically sensitive cases. This notion is deepened by the growing belief that the judiciary is becoming politicized.
Justice Madan B Lokur, a former Supreme Court Judge criticized this trend, by describing it as a “very sad development” that may influence the judge’s power to provide justice. He further warned against the politicization of the judiciary and stated that the personal attacks on judges could lead to far-reaching consequences for the Judiciary.
No One Is Spared- Judges In The Crosshairs
Trolling of judges is not characterized as a new phenomenon, but with the rise of social media, the same has grown much louder, with far-reaching consequences. Judges from all sides of the political spectrum have been targeted, particularly in response to the rulings that are labelled as controversial and politically incorrect.
For example, Justice Suryakant Sharma and Justice JB Pardiwala were brutally trolled for their comments hurled towards Nupur Sharma, former spokesperson of BJP. The trolls made several insensitive remarks from labelling them as extremely corrupt to calling them jihadi. In another similar instance, former Chief Justice of India, Ranjan Gogoi faced the brunt of severe backlash and was harassed online by individuals sympathetic towards the opposition, for the verdicts pronounced by him on the Ayodhya Ram Mandir, the Rafale deal and, the abrogation of Article 370 of the Indian Constitution.
Various organized campaigns by supporters of some religious leaders such as Asaram Bapu and Baba Rampal have been aimed at trolling judges. Efforts to target judges have almost become a culture, and the trolls try to exploit the anonymity and reach of social media to spread misinformation and hate.
Trolling judges presents a significant legal and ethical challenge. Historically, the judiciary was protected under the Contempt of Courts Act, 1971 from any unfair criticism. The purpose of the Act was to prevent the public from interfering with the administration of justice. Of late, the Act has been criticized, the former Chief Justice of India, Justice DY Chandrachud himself remarking that the Act was not meant to “protect a judge from criticism but to prevent individuals from interfering in the dispensation of justice by the courts.”
Where To Draw The Line? – Navigating The Future
Balancing the freedom of speech with the protection of judges from being harassed is a lot easier said than done. There is a thin line separating constructive criticism from malevolent trolling, even though the same is necessary to enable the examination of court rulings. In order to maintain its independence while respecting the values of free speech and expression, the court must strike a careful balance.
To safeguard judicial integrity from the brunt of social media trolling, a multi-faceted approach is required. Firstly, there must be awareness and education about the impact of trolling on the judges and the verdicts passed thereby. Training must be imparted to the judges as well as other staff of the court for the protection of their digital presence and their response to online harassment.
Social Media platforms must take a proactive role towards curbing harmful content. This includes putting in place stringent anti-harassment measures and giving users the means to report abusive behavior. In order to make sure that those who engage in extreme trolling are held appropriately accountable, platforms should also strive to collaborate closely with law enforcement.
To handle the particular difficulties presented by social media and digital discourse, legislative frameworks must be created and maintained current. This entails reviewing legislation pertaining to online harassment and making certain that judges have access to suitable legal recourse in cases involving trolling.
Conclusion
The grey arena of digital discourse poses a myriad of issues with regard to the integrity of the judiciary in this modern age. Earlier, social media trolling was not a great matter of concern; however, now it has the capability of threatening public confidence in the judiciary and may create an obvious threat to the rule of law. Finding strategies to protect the integrity of legal institutions while guaranteeing free speech and expression is crucial as society develops and faces greater threats related to digital discourse and social media. We can strive toward the goal of a more robust and equitable society where the court will function freely and fairly by attempting to lessen the negative effects of trolling on judges and the legal system as a whole.
Authors: Sneha Makaria, Shreeya Sharma & Mehak Sodhi