Supreme Court judge Justice Joymalya Bagchi has raised concerns over the growing influence of social media on the justice system, warning that online platforms are increasingly shaping public opinion in ways that could undermine the rule of law. Referring to today's digital ecosystem as a “marketplace of likes,” he said judicial decisions must never be driven by online popularity or social media trends.
Addressing the challenges posed by the digital age, Justice Bagchi said social media algorithms often reward sensational content, making complex legal issues appear simplistic and encouraging viral narratives over informed discussion. He stressed that courts cannot be guided by hashtags, likes or shares, but must remain committed to constitutional values, legal principles and evidence placed before them.
Trial by social media poses a serious concern
Justice Bagchi also spoke about the growing trend of "trial by social media", where individuals are publicly judged before courts have had an opportunity to examine the facts of a case.
He cautioned that such campaigns could influence public perception and weaken the presumption of innocence, which remains a fundamental principle of the criminal justice system. According to him, judges must remain insulated from public pressure, particularly when amplified through digital platforms.
He said constitutional courts exist to uphold the rule of law and safeguard the rights of every individual, regardless of whether their opinions or actions are popular. Judicial independence, he noted, depends on decisions being based solely on admissible evidence and sound legal reasoning.
Online engagement should not shape judicial outcomes
Justice Bagchi also highlighted the commercial nature of social media platforms, saying content that provokes strong emotional reactions is often promoted because it attracts greater user engagement.
As a result, balanced legal discussions are frequently overshadowed by simplified narratives designed to capture attention rather than present facts accurately. He warned that this trend makes it harder for meaningful public discourse to flourish.
Calls for responsible use of digital platforms
While acknowledging that social media has improved access to information and encouraged wider participation in public conversations on legal issues, Justice Bagchi said it has also contributed to misinformation, selective reporting and growing polarisation.
He underlined that freedom of speech remains a vital constitutional right but comes with responsibilities. Public debate, he said, should not interfere with the fairness of judicial proceedings or weaken respect for constitutional institutions.
Concluding his remarks, Justice Bagchi reiterated that justice cannot become a contest for online approval. Courts, he said, derive their legitimacy from the Constitution and the rule of law, not from social media trends, and preserving that distinction is essential to ensuring justice remains fair, impartial and independent.