The Supreme Court on Tuesday sought responses from the Centre and social media platforms Meta and X (formerly Twitter) on a plea seeking safeguards against police authorities uploading photographs and videos of accused persons on social media in a manner that could prejudice their right to a fair trial and violate their dignity.

A three-judge Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice to the Union government, Meta and X in the plea.

While issuing notice, the Bench also highlighted the practical challenges involved in regulating material once it enters the digital ecosystem.

“The only problem is how to control it because this is not a border that you can just close down,” CJI Surya Kant observed.

Senior Advocate Gopal Sankaranarayanan, appearing for the petitioner, submitted that Meta and X had been impleaded because their existing policies do not specifically regulate the uploading and dissemination of photographs and videos of accused persons by police authorities.

“Neither of their policies cover this,” he submitted.

“Yes, that's needed,” the CJI responded.

The petition is a fresh proceeding arising from an earlier plea filed by the petitioner on the same issue. That petition was withdrawn in March 2026 with liberty to approach the Supreme Court with a broader challenge.

During the earlier proceedings, the Supreme Court had indicated that guidelines being framed in separate proceedings concerning police media briefings could potentially address police posts on social media as well.

The present petition has accordingly expanded the scope of the issue by bringing social media intermediaries into the proceedings and seeking safeguards against the publication and dissemination of police-generated photographs and videos of accused persons.

Sankaranarayanan also pointed out that some High Courts have already issued directions on the issue but argued that a uniform and effective mechanism was required to regulate such content nationwide.

High Courts Have Also Raised Concerns

Similar concerns have previously come before various High Courts.

In May 2025, the Punjab and Haryana High Court directed the Chandigarh Director General of Police to formulate guidelines governing the uploading of photographs and videos recorded by police personnel during official duties.

The High Court had emphasised that such guidelines were necessary to ensure that publication of such material did not prejudice investigating agencies, victims or accused persons.

In January 2026, the Rajasthan High Court also directed the immediate removal of photographs of arrested persons from social media and other online platforms after concerns were raised over the photographing and public circulation of such images.

The Court observed that such practices could infringe the dignity and fundamental rights of arrested persons and undermine the principle of presumption of innocence.

Subsequently, following directions issued by the Rajasthan High Court in May 2026, the Rajasthan Police introduced a Standard Operating Procedure (SOP) prohibiting police personnel from uploading or sharing photographs and videos of arrested persons on social media or with the press.

The Supreme Court's latest proceedings could pave the way for a broader and uniform framework governing the manner in which police-generated content involving accused persons is disseminated across social media platforms.

Case Title: Hemendra Patel v. Union of India & Ors.