On ensuring Press Freedom – Search and seizure

Source: This post on ensuring Press Freedom is based on the article “Search and seizure- Unfettered powers to seize devices threaten freedom of speech” published in The Hindu on 15^th November 2023.

UPSC Syllabus Topic: GS Paper 2 Indian Polity – Structure, organization and functioning of the Executive and the Judiciary.

News: The article discusses the need for guidelines to protect journalists from having their digital devices like laptops and smartphones seized by law enforcement without proper judicial warrants, to safeguard their work and sources.

Recently, the Supreme Court emphasized the need for guidelines regarding the seizure of journalists’ digital devices. This issue arose during a PIL hearing filed by the Foundation for Media Professionals, which highlighted concerns about law enforcement’s excessive search powers and their threat to constitutional rights.

What is the need for guidelines to protect journalists from having their digital devices?

Avoiding Infringement of the Freedom of Press: The guidelines are needed to prevent the seizure of journalists’ devices based on weak allegations, which can impede their ability to report freely and objectively.

Protecting Source Confidentiality: There’s a need for clear rules to ensure that journalists’ sources remain confidential, as unauthorized device seizures can expose sensitive information and discourage whistleblowers.

Safeguarding Journalists’ Livelihood: Journalists rely on their digital devices for their work. Seizing these tools without proper cause hinders their ability to earn a living.

Upholding Privacy and Rights: The guidelines are necessary to respect the privacy and fundamental rights of journalists, as recognized by the Court, preventing unwarranted intrusions into their personal and professional lives.

Ensuring Data Integrity: It’s crucial to have procedures that prevent data on seized devices from being leaked, tampered with, or wrongly accessed, maintaining the integrity of journalistic work and investigations.

Question for practice:

Guidelines to protect journalists from the seizure of their digital devices by law enforcement is the need of the hour in the light of India’s dismal performance in the Press Freedom Index. Discuss.