Punjab & Haryana High Court calls for guidelines on uploading photos, videos of police action on social media

The Punjab and Haryana High Court has directed the Director General of Police (DGP) of the Union Territory of Chandigarh to frame guidelines on the uploading of any video or photographs captured by police officials, while performing their official duties, on social media platforms [Prakash Singh Marwah v. Union of India]..Justice Kuldeep Tiwari said that guidelines were necessary to ensure that uploading of such content does not cause prejudice to the investigating agency, to the victim or the accused. “Such directions/ instructions be issued within three months from passing of this order,” the Court ordered..The Court passed the order on a petition moved by a lawyer, Prakash Singh Marwah, who was booked by the Chandigarh Police last year for claiming to be a judicial magistrate when stopped by the traffic police. A video of the incident had gone viral on social media.Marwah later approached the High Court alleging an infringement of his right to live with dignity and the right to privacy. He also said that the uploading of the video was violative of Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and thus sought its removal from social media sites..In response, Chandigarh Police submitted that an inquiry was ordered to find out who had uploaded the video on social media. It was also submitted that social media sites have been instructed to take down the video.“It is also informed to this Court that the mobile phone of Constable Yogesh, which is the source of recording the video of the instance, will also be confiscated shortly, so as to get the same forensically examined,” the Court recorded in the order passed on May 29.The Court was further told that the SSP Traffic has issued specific instructions that there must be no uploading of any photograph or video relating to challaning or enforcement activities on any social media platform. Considering the same, the Court said,“In view of the fact that, the Police Authorities itself is taking all steps for deletion of the video from all social media platforms, therefore at this stage, no further direction is required to be passed in the instant matter.”.Advocates Pratham Sethi, Kritima Sareen appeared for the petitioner.Additional Solicitor General Satya Pal Jain with Advocate Dheeraj Jain represented the Union of India.Senior Advocate Amit Jhanji (Senior Standing Counsel) with Advocates Hakikat Singh Grewal and Sahil Shehrawat represented the Union Territory of Chandigarh..[Read Order]